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Home › Anticipatory Bail: EOW Case
Delhi High Court · 5 November 2026

Resignation Is Not Exoneration: Anticipatory Bail Refused in Portfolio Scheme Case

An unregistered portfolio-management scheme that allegedly collected about Rs 12.96 crore from investors; a shareholder who had resigned as director — and a Court unwilling to let the resignation erase the pre-resignation role.

In Md. Saif Rabbani v. State (NCT of Delhi) (BAIL APPLN. 3651/2026, decided 5 November 2026), Justice Mini Pushkarna of the Delhi High Court dismissed an anticipatory bail application under Section 482 BNSS in an Economic Offences Wing case concerning an unregistered portfolio-management scheme that allegedly collected about Rs 12.96 crore from investors. The decision adds another clear data point to Delhi’s steadily hardening approach: in economic offences, pre-arrest protection is the exception, and corporate exits do not rewrite corporate history.

The case in one view

CaseMd. Saif Rabbani v. State (NCT of Delhi), BAIL APPLN. 3651/2026
CourtHigh Court of Delhi, Justice Mini Pushkarna
Decided5 November 2026
FIRNo. 143/2025, Economic Offences Wing — Sections 406/409/420/120B IPC
AllegationUnregistered portfolio-management scheme collecting about Rs 12.96 crore from investors
OutcomeAnticipatory bail under Section 482 BNSS dismissed

The scheme and the defence

The prosecution’s case concerns investor money gathered through a portfolio-management arrangement operating without the registration that such activity requires. The collected corpus — about Rs 12.96 crore — is the subject of the EOW’s investigation into how it was solicited, deployed and lost to the investors who parted with it.

The petitioner’s defence was positional: he was a shareholder, and he had resigned as director. The submission, in essence, was that whatever the company did, his exit placed him outside the ring of responsibility. Justice Pushkarna rejected the premise — the resignation did not negate his role during the period before it. The investigation legitimately extends to what each functionary did while the scheme was collecting money, and a later resignation cannot retrospectively launder that period.

The doctrinal frame

Anticipatory bail is exceptional. Following Srikant Upadhyay v. State of Bihar, pre-arrest protection is not the default mode of criminal procedure; it is an extraordinary power for exceptional cases.
Economic offences are a class apart. P. Chidambaram v. Directorate of Enforcement — with the line of cases it carries — treats financial crime as deliberate, profit-driven and systemically corrosive, warranting a stricter bail approach.
Custodial interrogation has value. Where funds must be traced across entities and accounts, the investigating agency’s need to question the accused in custody is a legitimate consideration — Sumitha Pradeep as applied in P. Krishna Mohan Reddy.
Balancing survives. Siddharam Satlingappa Mhetre remains the counterweight: liberty is not forfeited by accusation. But the balance in investor-fraud cases tilts where the money is untraced.

What this means for directors and shareholders

Delhi’s EOW docket is dense with collective-investment and portfolio schemes, and the exposure of individual functionaries follows function, not title. Three distinctions matter in practice. First, the period of office: liability tracks conduct while in the chair, so the precise dates of appointment and resignation — and the Form DIR-12 trail proving them — should be assembled before any court appearance. Second, the role actually played: signing authority, investor-facing representations and control over accounts weigh far more than the bare description of shareholder or director. Third, the money: a functionary who can show he neither received nor routed scheme funds stands on materially better ground, because the custodial-interrogation rationale weakens where there is no trail to extract.

An anticipatory bail dismissal decides the mode of investigation, not guilt. But in economic offences it often precedes arrest and a contested regular bail hearing, where the twin themes — gravity and fund-tracing — return. Preparation for that next stage should begin the day the pre-arrest plea fails.

The current legal map

The FIR invokes the IPC because the conduct predates 1 July 2024. For later conduct, the corresponding provisions are Sections 316 and 318 of the Bharatiya Nyaya Sanhita, 2023 (criminal breach of trust and cheating) with Section 61 (criminal conspiracy), and the anticipatory bail jurisdiction is Section 482 BNSS — under which this very application was decided.

Frequently Asked Questions

Does resigning as director protect against prosecution for earlier conduct?

No. The Court held that the petitioner's resignation did not negate his role during the period he served. Liability in investor-fraud cases attaches to the conduct while in office; the resignation only limits exposure for what happened afterwards.

Why are economic offences treated differently at the bail stage?

Following P. Chidambaram v. Directorate of Enforcement and allied authority, courts treat economic offences as a class apart — deliberate, designed for gain, and corrosive of public confidence in financial systems. That characterisation justifies a stricter approach to anticipatory bail, where custodial interrogation is often central to tracing funds.

What offences were alleged?

The FIR — No. 143/2025, investigated by the EOW — invoked Sections 406, 409, 420 and 120B IPC: criminal breach of trust (including by an agent), cheating and criminal conspiracy, arising from collection of investor funds through a portfolio scheme without registration.

What remains open to the accused after dismissal?

Everything except pre-arrest immunity. The accused may cooperate with the investigation, seek regular bail if arrested — where the tests differ — and contest the allegations at charge and trial. Observations in an anticipatory bail order do not bind the trial court.

Note: This article is general information about the law and is not legal advice. It does not create an advocate-client relationship. The position stated is as at 13 November 2026 and may have changed since. Readers should verify any provision or decision referred to against the official text and seek advice on their own circumstances.