Vijay Bishnoi,J. - (1.) These petitions are filed on behalf of the petitioners challenging the order dated 15.09.2020 passed by Special Judge, C.B.I., Jodhpur (hereinafter referred to as 'the trial court') in Final Report Case No.19/2019 (R.C. JDH 2014 A 2008), whereby the trial court while rejecting the above referred Final Report, ordered for taking cognizance against the petitioners for the offences punishable under Sections 420, 120B IPC and Section 13(2) read with Section 13 (1)(D) of Prevention of Corruption Act, 1988. The trial court has summoned the petitioners through warrant of arrest and further ordered for attachment of the property i.e. Laxmi Vilas Hotel situated at Udaipur and appointed the District Collector, Udaipur as receiver.
(2.) This Court, vide order dated 22.09.2020, while issuing notice to the sole respondent, passed the ad interim order in the following manner: "(i) The petitioner shall not be arrested in pursuance of the arrest warrant issued in relation to the impugned order dated 15.09.2020 passed by Special Judge, CBI Cases, Jodhpur ; (ii) The petitioner shall appear before the Court below on 08.10.2020 and furnish a personal bond of Rs.5 lacs and two sureties of Rs.2.5 lacs each. The petitioner shall be permitted to appear before the Court below along with her counsel ; (iii) Petitioner shall also furnish an undertaking to the effect that till the disposal of the present case, she or her company will not sell, alienate or otherwise transfer the land, building or fixed assets of the hotel in question. The undertaking aforesaid shall also contain a stipulation that the company would not create any further security interest or liability qua the assets of the Company nor shall it enhance its credit limit, without the leave of the Court. (iv) The petitioner shall not leave India without prior permission of the Court. (v) The effect and operation of the impugned order dated 15.09.2020 to the extent of appointing the District Collector, Udaipur as a receiver is hereby stayed till the next date (15.10.2020). (vi) The receiver shall hand over the possession of the hotel, its assets and record forthwith to the authorised representative of the Company. (vii) The receiver shall nevertheless prepare the list of the assets etc. and place the same before the trial Court."
(3.) Pursuant to the above order, learned counsels for respective parties have made several submissions assailing the validity of the impugned order.;