The Special Leave Petition (Crl.) Diary No. 14362/2022 titled as Mr. Subrata Roy Sahara V/s Pramod Kumar Saini
In a criminal proceeding relating to anticipatory bail of a third party pending before Hon’ble Patna High Court, Single Bench comprising Hon’ble Mr. Justice Sandeep Kumar allowed thousands of impleadment applications and added RBI, SEBI, ROC, Director of Institutional Finance of the State of Bihar and various other parties. Sh. Subrata Roy Sahara, Chairman of Sahara Group of Companies and Sahara Credit Co-operative Societies were also added as parties/respondents in the said Anticipatory Bail Application of a third party un-connected with Saharas. The Single Bench also directed personal appearance of the Chairman of Sahara Group. Earlier the Court had also directed personal appearance of official of SEBI and RBI.
Such proceedings are not permissible in Anticipatory Bail Applications filed under Section 438 Cr. P.C. Saharas and RBI both challenged the orders passed by the Single Bench before the Hon’ble Supreme Court by way of separate Special Leave Petition.
The said Special Leave Petition was heard by the Hon’ble Supreme Court, by a Bench of Hon’ble Mr. Justice A.M. Khanwilkar and Hon’ble Mr. Justice J.B. Pardiwala. Upon hearing the Hon’ble Supreme Court was pleased to stay the operations of orders dated 27.04.2002, 06.05.2022, 12.05.2022 and 13.05.2022 passed in series directing the Director General of Police, Bihar as well as the Commissioner of Police, Delhi to produce Mr. Roy before Patna High Court on 16.05.2022 by about 10:30 AM. Mr. Kapil Sibal, Mr. V Giri along with AoR Mr. Gautam Awasthi and a team of Advocates from Athena Legal comprising of Mr Simranjeet Singh, Mr Gautam Talukdar, and Miss Neha Gupta
Upon hearing the Counsel for RBI the Court also stayed further proceedings of the case before the Single Bench.