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TMI Blog2013 (5) TMI 896X X X X Extracts X X X X X X X X Extracts X X X X ..... an Penal Code, 1860 (for short 'IPC') and Section 13(2) read with Section 13(1)(c) and (d) of the Prevention of Corruption Act, 1988 (in short "the PC Act") against Y.S. Jagan Mohan Reddy (A-1), Member of Parliament and 73 others. (b) The appellant-Y.S. Jagan Mohan Reddy was named as an accused at Sl. No. 1 in the FIR dated 17.08.2011 (after the chargesheet was framed, he was arrayed as A-1 and hereinafter, he will be referred to as A-1). (c) During investigation, it was revealed that Y.S. Jagan Mohan Reddy (A-1), son of Late Dr. Y.S. Rajasekhara Reddy, the then Chief Minister of Andhra Pradesh, has adopted several ingenious ways to amass illegal wealth which resulted in great public injury. The then Chief Minister of the State abused his public office to the benefit of his son Y.S. Jagan Mohan Reddy (A-1). Since May, 2004, A-1 started floating a number of companies including M/s Jagathi Publications Pvt. Ltd., which was originally incorporated as a private limited company on 14.11.2006 and later converted into a public limited company on 12.01.2009. At the relevant time, Y.S. Jagan Mohan Reddy (A-1) was designated as the Authorised Signatory to operate the Bank accounts of the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iminal Petition No. 5211 of 2012. The High Court, taking note of serious nature of the offence and having regard to personal and financial clout of the appellant (A-1) and finding that it cannot be ruled out that witnesses cannot be influenced by him in case he is released on bail at this stage, by impugned order dated 04.07.2012, dismissed his bail application. (h) Being aggrieved by the orders dated 02.06.2012 and 04.07.2012, the appellant preferred two special leave petitions being Nos. 5901 and 5902 of 2012 before this Court. This Court, by order dated 09.08.2012, issued notice in SLP (Crl.) No. 5902 of 2012 and dismissed SLP (Crl.) No. 5901 of 2012. (i) On 13.08.2012, the CBI filed fourth charge sheet in the Court of Principal Special Judge for CBI Cases, Hyderabad which was numbered as CC No. 14 of 2012. (j) This Court, on coming to know that the investigation is continuing in connection with 7 matters, dismissed the special leave petition being SLP (Crl.) 5902 of 2012 by order dated 05.10.2012 with a direction to the CBI to complete the investigation as early as possible and to file a consolidated charge sheet on the remaining 7 issues. This Court also directed the appell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I, it is useful to refer the earlier order passed by this Court on 05.10.2012 which reads as under: "SLP (Crl.)No. 5902 of 2012 Heard Mr. Gopal Subramaniam, learned senior advocate appearing for the petitioner at some length. Mr. Mohan Parasaran, learned ASG appearing on behalf of the CBI, submitted before us a report from which it appears that the investigation is still going on in connection with seven matters. In paragraph 9 of the report, it is stated as under: ".....The matters which are pending investigation also involved investigation into various serious economic offences involving hundreds of crores of rupees. The major matters which are now under investigation relating to conspiracies distinctly involving the following entities which by themselves are independent to each other and are, therefore, distinct conspiracies. (i) Sandur Power Co. Ltd. (ii) Grant of mining lease to Bharti Cements/Raghuram Cements which are companies none other than own companies of A1, Mr. JMR. (iii) Penna Cements and Group companies (iv) Dalmia Cements (v) India Cements (vi) Investment through paper companies based in Kolkata and Mumbai, popularly known as suit case companies. (vii) I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stand for the dismissal of the bail application. 10) In the Status Report, the CBI has assured that the investigation is being carried out expeditiously as directed by this Court. It is stated that among 7 issues, the CBI has completed the investigation with respect to M/s Dalmia Cements and consequently filed the charge sheet in the Court of Special Judge for CBI Cases, Hyderabad on 08.04.2013. According to the CBI, presently, the investigation is progressing with regard to other 6 issues also and the CBI is in the final stages of investigation with respect to the following, viz., M/s India Cements, Penna Cements and Investments through Kolkata companies. It is also assured to this Court that the CBI is likely to file charge sheet/final reports in the above said three issues shortly. 11) The CBI in its Status Report has elaborated the progress with regard to the investigation in the remaining issues which are as under:- M/s Dalmia Cements (Bharat) Ltd. (a) The investigation has revealed that M/s Dalmia Cements (Bharat) Ltd. invested an amount of Rs. 95 crores into M/s Raghuram Cements Ltd. represented by Y.S Jagan Mohan Reddy. In quid pro quo to the investments, A-1, through ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Company Ltd. It is projected by the CBI that the above said amount is of A-1 which was routed through the Mauritius based companies. It is also highlighted that the role of Nimmagadda Prasad (A-3), who is currently under judicial custody is also being investigated for the same. Vijay Sai Reddy (A-2), along with Y.S. Jagan Mohan Reddy (A-1), was the brain behind this conspiracy inasmuch as A-2 had floated fictitious companies in Chennai so as to enable round tripping or routing monies into M/s Sandur Power Company Ltd. from India and foreign countries through companies falsely created in Chennai as well as in certain foreign countries. (b) It is also pointed out by the CBI that notice has also been issued to one Maiank Mehta, who is suspected to be the person who handled the routing of money of Y.S. Jagan Mohan Reddy (A-1) and notice has been issued for his presence in India for examination and interrogation. The said person is presently based in Hong Kong and is refusing to come to India citing frivolous reasons. It is suspected that he is being influenced by Y.S. Jagan Mohan Reddy (A-1) and Vijay Sai Reddy (A-2) which amply prove that the witnesses are being influenced by these ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tigation is on a half way, we are not referring all those details mentioned in the Status Report. 12) It is further pointed out that during investigation, a total number of 140 witnesses including IAS officers and concerned Ministers have been examined and 352 documents were collected. According to the CBI, out of these, some more crucial witnesses have to be examined. 13) Learned senior counsel appearing for the appellant pointed out that after the order dated 05.10.2012, the CBI is not justified in prolonging the same just to continue the custody of the appellant. It was also highlighted that even according to the CBI, several Ministers and IAS officers are involved, but no one has been arrested so far. As far as those allegations are concerned, it is the claim of the CBI that considering the huge magnitude of transactions, various beneficiaries, companies/persons involved with A-1 and his associates, the CBI is taking effective steps for early completion of the same. Though learned senior counsel for the appellant submitted that in view of non-compliance of Section 167 of the Code the appellant is entitled to statutory bail, in view of enormous materials placed in respect of d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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