V.P. Vaish, J. - (1.) THIS is a petition under Section 482 read with Section 439(2) of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') for cancellation of anticipatory bail granted to respondents/ accused persons vide order dated 21.01.2009 passed by this Court in case FIR No. 61/2008 under Sections 406/420/120B IPC registered at P.S. Badarpur, New Delhi.
(2.) NONE has appeared on behalf of respondents despite pass over. Learned counsel for respondents had appeared on 18.10.2012, 27.02.2013, 11.04.2013 and 07.05.2013 only and thereafter, neither the respondents nor their counsel had appeared in the present petition. The brief facts leading to the present petition are that M/s. Life Business Project Pvt. Ltd., New Delhi and its Directors employed more than 2500 IT/MBA students as IT Professionals/ Engineers through campus placement and were assigned job of developing a software namely 'EMS' on the pattern of well -known software program 'ERP'. The said company and its Directors collected security varying from Rs. 75,000/ - to Rs. 80,000/ - from each employee and thus, collected a total approximate sum of Rs. 21 or 22 crores from them. As per the terms, the security was refundable within a period of sixteen months and initially the employees were promised a stipend of Rs. 2,500/ - (Rupees Two thousand five hundred) for four months and on their continuation, the company promised them to pay packages of Rs. 1.5 lakhs to Rs. 2.4 lakhs. However, neither the petitioners were paid their salaries nor refunded their security money nor the alleged software namely 'EMS' was developed. On the complaint of Mr. Paras Kumar, a case bearing FIR No. 61/2008 under Sections 406/420/120B IPC was registered at P.S. Badarpur, New Delhi.
(3.) THE respondents moved an application for anticipatory bail bearing Bail Application No. 2124/2008 before this Court and vide order dated 21.01.2009, the said application was disposed of with the following observations: - "6. Having regard to the facts and circumstances of this case and having heard the counsel for the parties, I am of the considered view that the interim protection granted to the petitioners should continue only till such time the petitioners fully cooperate in the investigations. In case petitioners are required for custodial interrogation or that they do not cooperate in the investigation, State may take steps accordingly. 7. In the event of their arrest petitioners are ordered to be released on bail on each of them furnishing a personal bond in the sum of Rs. 1,00,000/ - with one surety of the like amount to the satisfaction of the Arresting Officer/ SHO. This protection would continue for two days during which period it will be open for the petitioners to seek regular bail. With these directions, petition stands disposed of.";