TMI Blog2021 (3) TMI 1235X X X X Extracts X X X X X X X X Extracts X X X X ..... ited 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. - CIVIL APPEAL NO. 10856/2016 WITH S.L.P.(CRL) NOS.5978-5979/2017 - - - Dated:- 18-3-2021 - HON'BLE DR. JUSTICE D.Y. CHANDRACHUD AND HON'BLE MR. JUSTICE M.R. SHAH For the Appellant : Mr. Pawanshree Agrawal, AOR (A.C.), Ms. Abhipsa Anamika, Adv., Mr. N. Venkataraman, ASG, Ms. Anubha Agrawal, AOR, Mr. Ritesh Khara Adv, Mr. Akhilesh, Adv., Mr. Deepak Goel, AOR, Mr. Vipin Kumar, Adv, Mr. Kamal Kumar Pandey, Adv, Ms. Madhuri Gupta, Adv, Ms. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Bharti Tyagi, AOR, Mr. Gp. Capt. Karan Singh Bhati, AOR, Mr. Rameshwar Prasad Goyal, AOR, Mr. Aakarsh Kamra, AOR, Mrs. Gargi Khanna, AOR, Mr. Abhishek Kumar Singh, AOR, Mrs. Kirti Renu Mishra, AOR, Ms. Apurva Upmanyu, Adv., Mr. Abhinav Mukerji, AOR, Mrs. Bihu Sharma, Adv., Ms. Pratishtha Vij, Adv., Mr. Sumit Kumar, AOR, Mr. Rajesh Pathak, Adv., Ms. Kumari Supriya, Adv., Mr. Hemant Kumar, Adv., Ms. Harshita Sinha, Adv., Mr. Sunil Kumar, Adv., Mr. Rahul Kaushik, AOR, Mr. Avinash Sharma, AOR, Mr. Sajan Poovayya, Sr. Adv., Mr. Vikram Hegde, Adv., Mr. Shantanu Lakhotia, Adv., Ms. Hima Lawrence, AOR, Mr. Pratibhanu Kharolla, Adv., Mr. Siddharth Batra, AOR, Mr. Ravinder Kumar, Adv., Mr. K. K. Mohan, AOR, Mr. Dhruv Agrawal, Sr. Adv., Mr. Nishit Agrawal, AOR, Mr. Harsh Mishra, Adv., Mr. Udayaditya Banerjee, AOR, Mr. M. M. Kashyap, AOR, Ms. Rakhi Ray, AOR, Ms. Shilpa Chohan, Adv., Mr. Rajesh Singh, AOR, Mr. Tarun Gupta, AOR, Mr. Vikram Singh, AOR, Mr. Rajesh Kumar, AOR, Mr. S. K. Verma, AOR, Mr. Aditya Singh, AOR, Ms. Kamakshi S. Mehlwal, AOR, Mr. Sanjay Jain, AOR, Mr. Chandra Bhushan Prasad, AOR, M/S. Devasa Co., AOR, Mr. S. Rajappa, AOR, Mr. T. Mahipal, AOR, ,Mr. M. R. Shamshad, AOR, M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v., Mr Vikas Mehta AOR, Mr. Kushal Sarkar, Adv., Mr. Vijay Kumar, AOR, Mr. Ashwani Garg, Adv., Mr. Atul Sharma, Adv, Ms. Arveena Sharma, Adv., Mr. Abhishek Agarwal, AOR, Mr. Roopansh Purohit, AOR, Mr. Somanatha Padhan, AOR, Mr. Anirudh Sharma, AOR, Mr. T. N. Singh, AOR, Mr. Vikas Singh, Adv., Ms. Manjula Gupta, AOR, Ms. Charu Ambwani, AOR, Mr. Saurabh Ajay Gupta, AOR, Mr. Sonal Jain, AOR, Mr. Bijoy Kumar Jain, AOR, Mr. Pankaj Jain, Adv., Mr. Ashok Kumar Jain, Adv., Mr. Mohit D. Ram, AOR, Mr. Gaurav Goel, AOR, Mr. Arjun Harkauli, AOR, Mr. Roshan Santhalia, AOR, Mrs. Rachna Gupta, AOR, Mr. Praveen Agrawal, AOR, Mr. Prithvi Pal, AOR, Ms. Preeti Singh, AOR, Mr. Sunklan Porwal, Adv., Ms. Manorma Masih, Adv., Mr. Deepak Verma, Adv., Mr. R. K. Pandey, Adv., Mr. Atul Sharma, AOR, Mr. Umang Shankar, AOR, Mr. K.G. Bhagat, Adv., Ms. Archna Midha, Adv., Ms. Manju Bhagat, Adv., Mr. Vineet Bhagat, AOR, Mr. Jatin Zaveri, AOR, Mr. Siddhant Sharma, Adv., Mr. Karan Bharihoke, AOR, Ms. Neha Sahai Bharihoke, Adv., Mr. Himanshu Upadhyay, Advocate, Mr. Devesh Partap Singh, Advocate, Ms. Bano Deswal, Advocate, Mr. R. C. Kaushik, AOR, Mr. S.Udaya Kumar Sagar, AOR, Ms. Sweena Nair, Adv., Mr. Kumar Sudeep, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Mehra, Adv.,Ms. Kirti Dua, Adv., Ms. Priyanjali Singh, AOR, Mr. Rahul Rathore, Adv., Mr. Rajesh Kumar Chaurasia, AOR, Mr. Sanjeev Kumar Singh, Adv., Mr. Anurag Jain, Adv., Mr. Onkar Prasad, Adv., Mr. Naveen Kumar, Adv., Ms. Soni, Adv., Mr. Saurabh Chaudhary, Adv., Ms. Shruti Agarwal, AOR, Mr. Deepak M Nargolkar, Sr. Adv., Mr. Anant Kumar Vatsya, Adv., Mr. Shiv Kumar, Adv., Mr. Devendra Singh, AOR, Ms. Anshula Vijay Kumar Grover, AOR, Mr. Sudhansu Palo, AOR, Mr. Anand Sukumar, Adv., Mr. Bhupesh Kumar Pathak, Adv., Mrs. Meera Mathur, AOR, Mr. Braj Kishore Mishra, AOR, Mr. Vinod Kumar, Advocate, Mr. Abhishek Yadav, Advocate, Mr. K.V. Vishwanathan, Sr. Adv., Mr. Sharath Sampath, Adv., Mr. Tarun Mehta, Adv., Mr. Manikya Khanna, Adv., Ms. Nidhi Mohan Parashar, AOR, Mr. Pratyaksh Sharma, Adv., Mr. Sandeep Bajaj, Adv., Ms. Aakanksha Nehra, Adv., Mr. Siddhartha Shukla, Adv., Mr. Sunil Fernandes, AOR, Ms. Rashi Bansal, AOR, Mr. M. P. Vinod, AOR, Mr. A. Henry, Adv., Mr. Rajiv Mehta, AOR, Mr. Ashwani Kumar, AOR, Ms. Kumud Nijhawan, Adv., Ms. Sujata Kurdukar, AOR, Mr. Navroj Seervai, Sr. Adv., Mr. Debmalya Banerjee, Adv., Mr. Ajay Vazirani, Adv., Mr. Ameya Deosthale, Adv., Mr. Kartik Bhatnaga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dv., Mr. Rituraj Biswas, AOR, Mr. Rituraj Choudhary, Adv., Mr. Gopal Jain, Sr. Adv., Mr. Sandeep Das, AoR, Ms. Sukanya Lal, Adv., Mr. Sandeep Devashish Das AOR., Ms. Vanshaja Shukla, AOR, Mr. Parmanand Yadav, Adv., Ms. Anuja Pethia, Adv., Ms. Pooja Mahajan, Adv., Ms. Mahima Singh, Adv., Mr. S. Mahajan Adv., Mr. Avinash B. Amarnath, AOR ORDER SLP (Crl) Nos 5978-5979 of 2017 1 A status report has been filed on behalf of the Delhi Police by the Additional Deputy Commissioner of Police, Economic Offences Wing, New Delhi. An interlocutory application has been filed by the Delhi Police for staying the order passed by Dr Pankaj Sharma, Chief Metropolitan Magistrate, Patiala House Courts, New Delhi on 13 January 2021 granting bail to the accused, Sanjay Chandra and Ajay Chandra. This fact having been drawn to the notice of the Court yesterday (17.3.2021) during the course of the hearing, the Amicus Curiae was permitted to bring to the notice of the counsel for the accused the status report which has been filed by the Delhi Police. 2 FIR No 101 of 2015 was registered at the behest of the home buyers of Unitech Limited on 31 July 2015. The Sessions Judge, by an order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he order dated 30 October 2017, had not been complied with, this Court declined to grant bail. Paragraphs 7, 8 and 10 of the order of this Court reads as follows: 7 The above directions indicate that the applicants were admitted to bail subject to the condition that they shall deposit a sum of ₹ 750 crores in the Registry of this Court and that the deposit shall be made by the end of December 2017 . The requirements which were imposed by the above order are, thus, two fold. Firstly, the requirement to deposit was by the applicants, Mr Sanjay Chandra and Mr Ajay Chandra; and secondly, the deposit was required to be made by 31 December 2017. 8 We find that neither of the conditions for deposit have been complied with by the applicants. Admittedly, an amount of ₹ 750 crores was not deposited by 31 December 2017. The amount which has been deposited in the Registry of this Court has been realized as a result of the monetization of the assets of Unitech Limited. 10 At the cost of repetition, it is important to note that the amount which has been brought in is through monetization of assets. A significant part of the process of monetization has been carried out un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h liberty to approach the trial court since the charge-sheet has now been filed . In the meantime, it also transpires that one of the accused, Ajay Chandra moved the Metropolitan Magistrate and he was granted interim bail on 23 October 2020 on the ground that his spouse has tested positive for Covid-19. Subsequently, the Chief Metropolitan Magistrate granted interim medical bail to accused Sanjay Chandra on 3 December 2020. It was thereafter, as we have noted earlier, that the application before the Delhi High Court was withdrawn with liberty to move the trial Judge. Eventually, on 13 January 2021, the Chief Metropolitan Magistrate at Patiala House Courts, directed that the accused be released on bail. 7 The order of the Chief Metropolitan Magistrate dated 13 January 2021 contains the submission of counsel for the accused that an amount in excess of ₹ 750 crores was deposited with the Registry of this court and that there was no embargo placed by this Court on granting bail to the accused. In support of his order granting bail, the Chief Metropolitan Magistrate adduced the following reasons: (a) That the investigation is complete in the present matter as charge sheet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , we find that the conduct of the accused in moving an application for withdrawal before the Delhi High Court with liberty to move the Magistrate for bail and seeking regular bail before the Metropolitan Magistrate is an overreach of the jurisdiction of this Court. 9 Mr Mukul Rohatgi, learned senior counsel appearing on behalf of the accused submits that the Special Leave Petitions before this Court originated in the order of the Delhi High Court declining to grant interim bail. Hence, it has been submitted by the learned counsel that by the refusal of interim bail, the accused were not precluded from applying for regular bail before the Metropolitan Magistrate. Moreover, it has been submitted that there may have been a delay on the part of the accused in depositing the amount by 31 December, but the actual amount which has been deposited is in excess of ₹ 750 crores. 10 Prima facie, at this stage, neither of the two submissions can be accepted. As regards the quantum of deposit, the order of this Court dated 14 August 2020 expressly directed that the deposit which was required in terms of the order dated 30 October 2017 was by the accused and that the amounts which wer ..... X X X X Extracts X X X X X X X X Extracts X X X X
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