10/04/2025
PART 1 of this case
Serious Fraud Investigation Office v Aditya Sarda SLP (Cr.) No. 13956 of 2023
Brief of the case and issue:-
In Serious Fraud Investigation Office v Aditya Sarda SLP (Cr.) No. 13956 of 2023, Honble Supreme Court has again reiterated that an accused person, who is creating hindrances in the ex*****on of warrants or is absconding from trial proceedings, is not entitled to the privilege of anticipatory bail.
The Honble Supreme Court ( Honble Justice Bela Trivedi and Honble Justice PB Varale) observed:
"Granting anticipatory bail is certainly not the rule. The respondent accused, who have continuously avoided to follow the due process of law, by avoiding attendance in the Court, by concealing themselves and thereby attempting to derail the proceedings, would not be entitled to the anticipatory bail. If the Rule of Law is to prevail in the society, every person would have to abide by the law, respect the law and follow the due process of law."
The Honble Court further made following remarks as to the importance of judicial time of even Magistrate's Court and the duty od the accused to co-operate with the trial and about the related concept of administration of justice.
"It cannot be gainsaid that the judicial time of every court, even of Magistrate's Court is as precious and valuable as that of the High Courts and the Supreme Court. The accused are duty-bound to cooperate with the trial courts in proceeding further with the cases and bound to remain present in the Court as and when required by the Court. Not allowing the Courts to proceed further with the cases by avoiding ex*****on of summons or warrants, disobeying the orders of the Court, and trying to delay the proceedings by hook or crook, would certainly amount to interfering with and causing obstruction in the administration of justice."
The Honble Supreme Court as a consequence sets aside the order of anticipatory bail granted by the HC and asked the accused to surrender before the Special Court/ Trial Court which declared him the absconder under Section 82 of CrPC and directed the Special Court to decide the Bail application in accordance with law.
Note: Part 1 of this judgement deals with the core issue of this case as to the question of entitlement of the absconded accused to be released on anticipatory bail which has been briefed above .
The Second part of this case gives a comprehensive research work on the issue of Dealing with white collar crimes and Economic offences which i will deal separately in my next note titled as Second Part of this case.
Note by:
Satyam pandey
Advocate MP High Court Bench at Indore
Former Civil Judge and Judicial Magistrate MP Judicial Services.
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