Special CBI Judge Swarana Kanta Sharma observed that the accused was "concealing himself" and despite issuance of non bailable warrants (NBWs) against him twice, he could not be arrested by the probe agency.
The order came after the CBI moved an application seeking issuance of proceeding under section 82 (proclamation for person absconding) of the CrPC against Totlani in the case in which various other accused, including Syndicate Bank CMD Sudhir Kumar Jain and Bhushan Steel Ltd Vice-Chairman Neeraj Singal, have already been arrested.
"I am convinced that the accused (Totlani) is concealing himself and NBWs cannot be executed against him and therefore, order issuance of process under section 82 CrPC for September 22," the judge said.
The court also observed that according to the CBI, despite issuance of NBWs and its repeated attempts to arrest Totlani, he has evaded arrest and could not be found either at his residence, business address or residential premises of any of his relatives.
The court had on Thursday dismissed the bail pleas of CMD of Prakash Industries Ltd Ved Prakash Agarwal and its Director Vipul Agarwal, who were arrested in the case.
The accused arrested in the case are presently in judicial custody till August 29. On August 2, CBI had arrested six accused in connection with the case.
CBI had claimed to have recovered Rs 21 lakh in cash from Jain's residence besides gold worth Rs 1.68 crore and documents of fixed deposits of up to Rs 63 lakh.