Richa was appointed as a senior level officer in a company. Before joining the company, she did not do any due diligence. The company was under investigation by the Serious Fraud Investigation Office (SFIO). One day, the

CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · June 2023
Richa was appointed as a senior level officer in a company. Before joining the company, she did not do any due diligence. The company was under investigation by the Serious Fraud Investigation Office (SFIO). One day, the SFIO official arrested some of the directors and employees of the company for the offences covered under 447 of the Companies Act, 2013 and Richa was one of them. She applied for bail through her Advocate. The Advocate made the bail application before the district court. Examine whether Richa will get bail? Refer to relevant provisions of the law.

Answer & Explanation:

According to Section 212(6) of the Companies Act, 2013 , notwithstanding anything contained in the Code of Criminal Procedure, 1973, offences covered under Section 447 of the Act shall be cognizable and no person accused of any offence under those sections shall be released on bail or on his own bond unless: The Public Prosecutor has been given an opportunity to oppose the application for such release; and Where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. Proviso: A person who is under the age of sixteen years or is a woman or is sick or infirm, may be released on bail, if the Special Court so directs. In view of the above provision, Richa's bail application will be subject to these stringent conditions. The district court will need to consider the Public Prosecutor's arguments and must be satisfied that there are reasonable grounds to believe Richa is not guilty and is unlikely to commit further offences while on bail. Given the nature of Section 447 offences (fraud), bail is not granted as a matter of right. It is difficult to obtain bail unless the court is convinced on the grounds mentioned. Therefore, Richa will get bail only if the above conditions are met and the Special Court (not typically a district court for such serious offences, but the question states district court) directs it, especially if she falls under the proviso (woman, sick, infirm, or under 16).

Topics: Offences and Penalties

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