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2021 (3) TMI 1235 - SC - Indian LawsSeeking to withdraw the bail granted - breach in adhering to the time line indicated by the order of this Court for deposit - monetization of the assets of Unitech Limited under the auspices of the Court appointed Committee - non-compliance with the direction to deposit the amount required - HELD THAT:- It is evident that the accused themselves had been moving this Court in the interim for bail on medical grounds. Though, this Court is seized of the entire dispute pertaining to the defaults by Unitech Limited and a Board of Management appointed by the Union of India has been placed in charge, several other steps have been taken including conducting a forensic audit and directing the agencies of the Union of India to investigate into all aspects of the matter. In this backdrop, it would be unacceptable for the accused, during the pendency of the proceedings before this Court to seek the liberty of the Delhi High Court and then move the Chief Metropolitan Magistrate and obtain an order of bail. The finding of the Magistrate to the effect that the accused have already deposited more than ₹ 750 crores “as directed by the Supreme Court” with its Registry is plainly incorrect and a deviation from the findings specifically recorded in the order dated 30 October 2017. An attempt has been made to overreach the process of this Court and an order of bail has been sought and obtained, to defeat the control which is being exercised by this Court. Pending the return of notice, the accused shall on or before 22 March 2021 surrender to the Tihar Jail. The order of the Chief Metropolitan Magistrate, Patiala House Courts dated 13 January 2021 is stayed pending further orders. The accused shall file their affidavits within a period of one week from today - List the Special Leave Petitions on 7 April 2021.
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