TMI Blog2020 (5) TMI 319X X X X Extracts X X X X X X X X Extracts X X X X ..... since 19.02.2020/ 17.03.2020. While dealing with the present bail applications, this court has to see three facts, 1. running away of the accused 2. tempering with the evidence 3. influencing witnesses - the petitioners are entitled to be released on bail for the reasons; firstly the argument of Mr. R.D. Rastogi, ASG that the petitioners failed to appear before the trial court from 21.01.2020 till 17.02.2020 is not of any help as the petitioners were persuing their legal remedy under the law during the said period; secondly since all the documents seized are lying either with the officers of the Department or with the Court, so there is no question of tempering with the evidence; thirdly so far apprehension of influencing the witnesses i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to outbreak of Coronavirus (COVID-19), the lawyers are not appearing in the courts. 3. Heard learned counsels for the parties through video calling and perused the record. 4. Brief facts of the case are that a raid was conducted by the Anti Corruption Bureau (in short ACB ) in the office of the petitioner Shyam Sunder Singhvi who is a Chartered Accountant on 16.09.2015 and an amount of ₹ 2.55 Crores was seized/recovered from possession of the co-accused Dhirendra Singh and Sanjay Sethi. Thereafter the ACB registered an FIR on 19.09.2015 under Section 120-B 409 of IPC and also under sections 7, 8, 9, 10, 12, 13(1) (a)(c)(d), 13(2) 14 of the Prevention of Corruption Act,1988 (in short Scheduled Offences). On 04.11.2015 the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etitioners and other co-accused persons by filing the misc./revision petitions which were dismissed by the Coordinate bench of this Court vide order dated 24.01.2020. The said order was further challenged by the petitioners and other co-accused persons before the Hon'ble Supreme Court by filing SLPs which were also dismissed by the Hon ble Supreme Court vide order dated 10.02.2020, however the Hon'ble Supreme Court granted protection from being arrested upto 17.02.2020. Thereafter the petitioners appeared/surrendered before the Designated PML Act Court on 19.02.2020/17.03.2020 and filed respective bail applications under section 439 Cr.P.C. which were dismissed by the Designated PML Act Court vide orders dated 28.02.2020/20.03.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Nikesh Tarachand Shah, reported in (2018) 11 SCC 1 and Dataram Singh Vs. State of Uttar Pradesh Anr., reported in (2018) 3 SCC 22. 8. Sh. R.D. Rastogi, Additional Solicitor General assisted by Mr. Anand Sharma Adv., submitted that the cases registered against the petitioners under the Scheduled Offences and under the PML Act are for two separate offences and the present offence is more serious in nature and therefore, no case is made out for grant of bail to the petitioners. Learned Senior Counsel further submitted that there is likelihood of tempering with the evidence. Learned Senior Counsel further submits that the cognizance has already been taken by the Designated Court, PML Act against the petitioners and the cognizance order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the evidence 3. influencing witnesses. 11. After considering these three factors in the facts and circumstances of the present case and going through the judgments cited by both the counsels, in my considered view the petitioners are entitled to be released on bail for the reasons; firstly the argument of Mr. R.D. Rastogi, ASG that the petitioners failed to appear before the trial court from 21.01.2020 till 17.02.2020 is not of any help as the petitioners were persuing their legal remedy under the law during the said period; secondly since all the documents seized are lying either with the officers of the Department or with the Court, so there is no question of tempering with the evidence; thirdly so far apprehension of influencing th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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