TMI Blog2022 (4) TMI 1421X X X X Extracts X X X X X X X X Extracts X X X X ..... r 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. - Criminal Appeal No 640 of 2022 (Arising out of SLP (Crl) No 1554 of 2022) - - - Dated:- 18-4-2022 - HON'BLE DR. JUSTICE D.Y. CHANDRACHUD AND HON'BLE MR. JUSTICE SURYA KANT For the Petitioner : Mr. Kapil Si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2019. The first application for bail was rejected by the trial judge, following which an application under Section 439 of the Code of Criminal Procedure 1973 was rejected by the High Court on 13 November 2019. A Special Leave Petition SLP (Crl) No. 11765 of 2019 was dismissed by this Court on 27 January 2020 with the observation that it was always open for the appellant to move a fresh application for bail. Following this, the appellant applied for bail which was denied by the Special Judge on 13 October 2020. The High Court declined to grant bail by the impugned judgment. 4 Mr Kapil Sibal, senior counsel appearing on behalf of the appellant, submitted that: (i) The appellant appeared before the Serious Fraud Investigation Office SF ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ersons, the Special Court has, in the case of 24 persons, by an order dated 25 March 2022, directed the initiation of proclamation proceedings under Section 82(1) of the Code of Criminal Procedure 1973; and (iv) The provisions of Section 212(6) of the Companies Act 2013 have been interpreted in a judgment of this Court in Serious Fraud Investigation Office v. Nittin Johari (2019) 9 SCC 165. 7 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 M ..... X X X X Extracts X X X X X X X X Extracts X X X X
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