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SC Stays ₹5 Lakh Cost Condition for Setting Aside Non-Bailable Warrants Against Accused in SFIO Case [Read Order]

By Samriddhi Ojha      05 May, 2026 12:56 PM      0 Comments
SC Stays 5 Lakh Cost Condition for Setting Aside Non Bailable Warrants Against Accused in SFIO Case

The Supreme Court of India has issued notice and stayed a condition imposed by the Punjab and Haryana High Court requiring the payment of costs of ₹5,00,000 (Rupees five lakhs) by each petitioner as a precondition for setting aside non-bailable warrants against them, holding that the validity of such a condition requires examination.

The case arises from a complaint dated 18.05.2019 filed by the Serious Fraud Investigation Office against Adarsh Build Estate Ltd and over 180 accused persons. Meenakshi Modi has been arrayed as one of the accused in the case. Trial court records show that Modi was summoned in June 2019 and had filed multiple applications seeking exemption from personal appearance.

On 07.01.2026, the trial court issued non-bailable warrants against her after noting her absence and forfeiting her bail bonds. Modi challenged the warrants before the Punjab and Haryana High Court, which, by order dated 16.04.2026, set aside the non-bailable warrants subject to the payment of ₹5,00,000 within seven days. Modi has approached the Supreme Court challenging this condition.

The Bench was hearing two special leave petitions arising out of the said order of the High Court passed in CRMM No. 14074/2026. The Court granted exemption from filing certified copies of the impugned judgment and permitted the petitioners to file additional documents, facts, and annexures.

On the substantive question, the Court noted that the validity of imposing costs of ₹5,00,000 on each petitioner as a condition precedent for setting aside the non-bailable warrants requires examination. Accordingly, notice was issued on this limited question, returnable on 07.08.2026, to be served by all modes, including dasti. The said condition was stayed until the next date of hearing.

The Court, however, directed that the petitioners shall appear before the trial court within one week from the date of the order.

Case Details:

  • Case Title: Meenakshi Modi v. Serious Fraud Investigation Officer
  • Case Numbers: SLP (Crl.) No. 7450/2026 and SLP (Crl.) No. 7497/2026
  • Court: Supreme Court of India, Court No. 12
  • Bench: Hon’ble Mr. Justice Sanjay Kumar and Hon’ble Mr. Justice K. Vinod Chandran
  • Date of Order: 27.04.2026
  • Impugned Order: Order dated 16.04.2026 in CRMM No. 14074/2026 passed by the High Court of Punjab and Haryana at Chandigarh
  • Next Date of Hearing: 07.08.2026

Appearances:

  • For the Petitioners: Mr. Kartikey Dang, Advocate; Mr. Shakti Singh, Advocate; Ms. Sakshi Kakkar, AOR
  • For the Respondent: Not recorded in the order

[Read Order]



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Samriddhi is a legal scholar currently pursuing her LL.M. in Constitutional Law at the National Law ...Read more



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