Rakesh Manekchand Kothari v. Union Of India

Mohinder Pal, J.:— We prima facie agree with some of the arguments raised by Mr. Vikram Chaudhary learned advocate for the petitioner. Hence, we issue RULE. The petitioner is ordered to be released till the final decision of this petition, subject to his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one surety of the like amount to the satisfaction of the Special Court and on observing other general conditions as well as condition that he will not leave country without prior permission of the trial Court. However, on a request made by the learned advocate, the petitioner may furnish surety in cash and cash surety will be replaced by solvent surety within a period of 15 days.

2. The parties will be at liberty to move for early hearing of the matter after the decision of the Apex Court in the case of Tofan Singh v. State Of Tamil Nadu (2013) 16 SCC 31.

3. At this stage, the learned advocate representing the respondent department has requested to stay the order of interim release for a period of 15 days. In order to maintain parity in similarly situated other co-accused, the said request is declined.

4. Direct Service is permitted.

5. Detailed order to follow.