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Synopsis

A Supreme Court bench of Justices Khanwilkar and Pardiwala today set aside the order of Patna High Court summoning Sahara Group chairman Subrata Roy in an unrelated anticipatory bail plea.

The Patna High Court passed the impugned order in a plea for anticipatory bail filed by one Pramod Kumar Saini apprehending arrest in a cheating and forgery case.

The cheating case involves a group of companies that defrauded investors of nearly Rs. 3 crores. However, the High Court, in the proceedings, heard applications by investors in Sahara group who alleged that the company has not refunded their deposits and the deposits had matured long ago.

The High Court thus proceeded to implead Roy and Sahara group as a party to the proceedings. The high court, furthermore, summoned Sahara to personally appear in court and indicate a plan for refunding the matured deposits of investors.

Upon Roy not appearing in the High Court, it directed the Director General of Police (DGP) to produce him in Court. The order stated that “Subrata Roy Sahara has no respect for the orders of this court and he thinks that he is above this court.”

In May this year, Supreme Court stayed the order of the High Court directing the Police to produce him before it.

The Supreme Court today, while setting aside the order, observed that the High Court while entertaining the application for grant of application for anticipatory bail, filed by Pramod Kumar Saini and other accused, went on to enquire into matters unrelated to the facts of the case.

The bench, furthermore, noted that the application under Section 438 of the Criminal Procedure Code is specific to the issue of grant of bail in connection to offence already registered against him.

The bench observed that in such proceedings the enquiry must be limited to facts relevant to the application. It was further noted that no attempt should be made to enquire into matters pertaining to a third party, in such proceedings. Court said that the High Court had exceeded its jurisdiction.

The Supreme Court, thus concluded that all the observations made by the High Court in this regard shall stand defaced from the record.

Case title: Subrata Roy Sahara Vs Pramod Kumar Saini