Mrs. Geeta is Managing Director of HEL Limited. She has been arrested for an offence covered under Section 447 of the Companies Act, 2013 on a complaint made by the Director, Serious Fraud Investigation Office. Geeta see
CS Professional · Resolution of Corporate Disputes, Non-Compliances & Remedies · PYQS · June 2019
Mrs. Geeta is Managing Director of HEL Limited. She has been arrested for an offence covered under Section 447 of the Companies Act, 2013 on a complaint made by the Director, Serious Fraud Investigation Office. Geeta seeks your legal advice to know the conditions under which she can be released on bail. Advise Geeta.
Answer & Explanation:
According to Section 212(6) of the Companies Act, 2013, notwithstanding anything contained in the Code of Criminal Procedure, 1973, offence covered under section 447 shall be cognizable and no person accused of any offence under those sections shall be released on bail or on his own bond unless: (i) the Public Prosecutor has been given an opportunity to oppose the application for such release; and (ii) 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. 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. The Special Court shall not take cognizance of any offence referred to this sub-section except upon a complaint in writing made by- the Director, Serious Fraud Investigation Office; or any officer of the Central Government authorised, by a general or special order in writing in this behalf by that Government. Hence, in the instant case, Geeta has been arrested for an offence covered under section 447 of the Act on a complaint made by the Director, SFIO. Geeta may be released (on the grounds of being a woman) on bail if the Special Court so directs.
Topics: Company Law
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