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“An employee cannot be vicariously held liable for the acts committed by their employer”: Supreme Court grants anticipatory bail to the employee


Press Release:

The Hon’ble Supreme Court of India comprising a bench of HMJ Hrishikesh Roy and HMJ Prashant Kumar Sharma granted an Anticipatory Bail to an employee who was arraigned as a co-accused in a sale-purchase transaction of the property case registered under Section 406 and Section 420 of the IPC 1860 where the Managing Director of the Company in her personal capacity proposed the scheme to the complainant for sale-purchase of numerous properties for a sum close to Rs. 1.60 Crores.

The counsel appearing for the Petitioner employee i.e., Mr. Varun Varma in this case submitted before the Hon’ble Apex Court that a) the sale-purchase transaction is purely a civil transaction given a criminal color by the Complainant for the purpose to arm twist the accused persons and the appropriate remedy is to file the suit for specific performance of the memorandum of understanding or a recovery suit, b) the Petitioner was working as an employee only in the company and he is not related to the sale and purchase transaction in question, therefore, the employee cannot be criminally vicariously held for the acts and conduct of the employer i.e. Managing Director of the Company, c) there is a deed of understanding executed between the Managing Director of the Company and the Complainant wherein the Employer Managing Director is the beneficiary.

The counsel appearing for the Respondent State i.e. Mr. Anand Dilip Langade contended that the Petitioner along with other employees instigated the Complainant to purchase the property.

The Hon’ble Apex Court after hearing both sides of the case and observing the contentions of the counsels was pleased to grant the anticipatory bail to the Petitioner on 14.02.2024 and the Hon’ble Court also noted that the other two accused were also granted bail.

The employee petitioner in this case was represented through Mr. Varun Varma, Mr. Atul Chaturvedi, Ms. Saloni Kaushik, Mr. Hitesh Kumar Sharma, Mr. Anuj Tiwari, Mr. Shubham Rajhans, Mr. Prashant Kumar Jha, Ms. Himali Choudhary and the case was filed through Advocate on Record, Mr. V.N. Raghupathy.

The State of Maharashtra in this case was represented through Mr. Anand Dilip Langade, Mr. Siddharth Dharmadhikari, Mr. Aaditya Aniruddha Pande (AOR), Mr. Bharat Bagla, Mr. Sourav Singh, Mr. Aditya Krishna, Ms. Preeti S.Phanse, Mr. Adarsh Dubey.  


SLP (CRL): 14826/2023

Order : https://elitechronicle.com/wp-content/uploads/2024/02/DailyOrder_Feb142024_SLPCriminal-14826-2023.pdf


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