Bombay High Court

SYNDICATE BANKversusM/S HOUSING DEVELOPMENT AND INFRASTRUCTURE LTD

Decided: 2 February 2026
Disposal: Disposed Off
Bench: GAURI GODSE

Holding

The trial court shall issue notices to the accused under Section 390 CrPC and enlarge bail with conditions ensuring their presence before the High Court.

Summary

The High Court of Bombay admitted the criminal appeal filed by Syndicate Bank against M/s. Housing Development and Infrastructure Ltd. The Court directed the trial court to comply with Section 390 of the Criminal Procedure Code by issuing notices to respondents No.2 to No.7, requiring them to appear before the trial court on a specified date. The trial court was instructed to enlarge bail to the accused on the same day, subject to conditions including securing their presence before the High Court when called. The order further mandated that any failure by the accused to appear be reported to the High Court. The appeal was listed for compliance verification on 16 March 2026.

Issues considered

Whether the trial court must issue notices to the accused under Section 390 CrPC
Whether bail can be granted with conditions to ensure future appearance before the High Court

Legislation cited

Code of Criminal Procedure, 1973 — s. 390

Subjects

Criminal Procedure
Section 390
Bail
Notice
High Court
Appeal

Judgment

                                                                      2-ALP-246-2019.doc



                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            rrpillai                 CRIMINAL APPELLATE JURISDICTION
                                    CRIMINAL APPLICATION NO. 246 OF 2019

                        Syndicate Bank                           …     Applicant
                              vs.
                        M/s. Housing Development and             …     Respondent
                        Infrastructure Ltd.


                        Mr. Harsh Sheth i/b. MDP Legal for the Applicant.

                                                      CORAM : GAURI GODSE, J.
                                                      DATED : 2nd FEBRUARY 2026
                        ORDER:

                        1.    Heard. Leave granted.

                        2.    Appeal admitted.

                        3.    Call for record and proceedings

                        4.    For compliance under Section 390 of the Criminal

                        Procedure Code, the trial court shall issue notice to respondent

                        no. 2 – Rakesh Wadhwan, respondent no. 3 – Sarang

                        Wadhwan, respondent no. 4 – Ashok Kumar Gupta, respondent

                        no. 5 – Lalit Mohan Mehta, respondent no. 6 – Sunil Behari

                        Mathur, respondent no. 7 – Raj Kumar Aggarwal calling upon

                        them to appear before the trial court on a particular date.
           Digitally
           signed by
           RAJESHWARI
RAJESHWARI RAMESH
RAMESH
PILLAI
           PILLAI                                      1/2
           Date:
           2026.02.03
           13:17:32
           +0530
                                               2-ALP-246-2019.doc



5.    Accordingly, respondent nos. 2 to 7 (accused) shall

appear before the trial court on the given date and the trial

court shall enlarge them on bail on the same day on

appropriate terms and conditions. One of the conditions shall

be for securing the presence of the accused before this court

as and when called.

6.    In case respondent nos. 2 to 7 (accused) fail to remain

present before the trial court as directed by this order, the trial

court shall submit a report to this court.

7.    List the appeal on 16th March 2026 for recording

compliance and further directions.




                                             (GAURI GODSE, J.)




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