SC sets aside Patna HC order directing Sahara chief Subrata Roy to appear before it

New Delhi: The Supreme Court on Thursday set aside the Patna High Court orders in an anticipatory bail case including the one directing Sahara Group chief Subrata Roy to appear before it.

The orders were passed by the high court while hearing the anticipatory bail application of another person.

The apex court said the high court, while entertaining the plea for grant of anticipatory bail filed by the applicant before it, went into inquire into matters “unrelated” to the facts relevant for deciding the application.

“In the present case, we have noticed that the high court kept the application for grant of anticipatory bail pending and issued directions, including to issue notice to third parties to appear before the court. That, in our opinion, is impermissible and cannot be countenanced,” a bench of Justices A M Khanwilkar and J B Pardiwala said.

The top court set aside the 11 February and 27 April orders of the high court.

It had earlier stayed the order passed by the high court which had on February 11 directed to add Sahara Credit Cooperative Societies Limited and Roy as opposite parties to a bail petition pending before it and later, directed him to personally appear before it.

On 27 April, the high court had directed Roy to personally appear before it noting that Sahara Group and other companies, which have been taking deposits till about one month back, are directed to come up with a plan for the return of investment of the investors.

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