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2022 (4) TMI 1421 - SC - Indian LawsRejection of Bail application - ground was made out for the grant of bail on the ground of parity with the other accused who have been granted bail - Section 447 of the Companies Act 2013 and various provisions of the Indian Penal Code 1860, including Sections 406, 417, 418, 420, 467, 468, 471, 474 and 477A - HELD THAT:- The appellant is in custody since 28 August 2019. 187 accused are named in the criminal case by the prosecution. It is stated in the counter affidavit that all except 27 of them have appeared. It is evident that even as regards the balance, proclamation proceedings are intended to be initiated pursuant to the order of the Special judge dated 25 March 2022. The proceedings are now listed before the Special Judge in July 2022. While the provisions of Section 212(6) of the Companies Act 2013 must be borne in mind, equally, it is necessary to protect the constitutional right to an expeditious trial in a situation where a large number of accused implicated in a criminal trial would necessarily result in a delay in its conclusion. The role of the appellant must be distinguished from the role of the main accused. Appeal allowed.
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