In a sharp rebuke to lower courts, the Supreme Court has cancelled the bail of a Delhi couple accused of duping a tech company of over ₹6 crore. The bench of Justices Ahsanuddin Amanullah and S.V.N. Bhatti said the trial court and the Delhi High Court ignored the pair’s “calculated misuse” of the legal process.
Background
The dispute began in 2017 when M/s Netsity Systems Pvt. Ltd. alleged that Dharam Pal Singh Rathore and his wife Shiksha took ₹1.9 crore promising to transfer land, only to sell it elsewhere and later refuse repayment. A First Information Report (FIR) followed in 2018. Over the next four years, the couple secured interim protection from arrest while offering repeated but unfulfilled promises to repay ₹6.25 crore with interest.
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Court’s Observations
The apex court noted that despite Delhi High Court’s 2023 rejection of their anticipatory bail-citing “taking the court and complainant for a ride”-the accused secured regular bail from a magistrate in 2023 and kept their liberty intact.
“The conduct of the accused before the High Court, when their anticipatory bail was being considered, cannot be ignored,” the bench observed. It faulted the Additional Chief Metropolitan Magistrate for “glossing over” those facts and criticised the Sessions Judge and High Court for treating the issue as routine cancellation of bail.
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The justices expressed surprise that the accused were allowed to walk free after formally surrendering without any release order in place. They also highlighted “procedural irregularities at the grassroots level” and directed that the magistrate and the sessions judge undergo a week of special judicial training.
Decision
Setting aside the bail orders of the magistrate (November 10, 2023), the sessions court (August 16, 2024) and the Delhi High Court (November 18, 2024), the Supreme Court directed both accused to surrender within two weeks. The Commissioner of Delhi Police was asked to inquire into the investigating officers’ role, while the trial court was told to fast-track the case.
Case: M/s Netsity Systems Pvt. Ltd. v. State Govt. of NCT of Delhi & Others
Citation: 2025 INSC 1181 (Criminal Appeal Nos. 4283–4284 of 2025)
Judgment Date: 25 September 2025
