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Supreme Court - Daily Orders

Mahendra Kumar Bhardwaj vs Union Of India on 2 July, 2019

Bench: Rohinton Fali Nariman, Surya Kant

                                                  1

     ITEM NOS.46+59                           COURT NO.5                    SECTION X

                              S U P R E M E C O U R T O F           I N D I A
                                      RECORD OF PROCEEDINGS

                           Writ Petition(s)(Criminal)      No(s).    159/2019

     MAHENDRA KUMAR BHARDWAJ                                             Petitioner(s)

                                                 VERSUS

     UNION OF INDIA & ORS.                                               Respondent(s)

     (FOR ADMISSION and IA No.85910/2019-CLARIFICATION/DIRECTION)

     WITH

     W.P. (Crl.) No. 132/2019
     For admission and IA No. 74238/2019 – Interim Bail and IA No.
     74236/2019 – Ex-parte stay

     Date : 02-07-2019 These petitions were called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
                         HON'BLE MR. JUSTICE SURYA KANT

     For Petitioner(s)             Mr.   Krishnan Venugopal, Sr. Adv.
                                   Mr.   Deepak Prakash, AOR
                                   Mr.   Nikhil Balan, Adv.
                                   Mr.   Subhash Choudhary, Adv.
                                   Mr.   Raneev Dahiya, Adv.
                                   Mr.   Shashank Menon, Adv.
                                   Mr.   Dawneesh Shaktivats, Adv.
                                   Mr.   Sidharth Sen, Adv.
                                   Mr.   Nachiketa Vajpayee, Adv.
                                   Ms.   Divyangna Malik, Adv.

                                   Mr. Krishnan Venugopal, Sr. Adv.
                                   Mr. Biju P. Raman, AOR

     For Respondent(s)             Ms.   Binu Tamta, Adv.
                                   Mr.   Kanu Agarwal, Adv.
                                   Mr.   Rajat Nair, Adv.
                                   Mr.   Pankaj Pandey, Adv.
                                   Ms.   Noor Rampal, Adv.
Signature Not Verified
                                   Ms.   Alka Agrawal, Adv.
                                   Mr.   Raj Bahadur Yadav, AOR
Digitally signed by R
NATARAJAN
Date: 2019.07.02
15:34:45 IST
Reason:                            Mr.   B.K. Prasad, Adv.

                                   Mr. Suhaan Mukerji, Adv.
                                   Ms. Astha Sharma, Adv.
                                   Mr. Amit Verma, Adv.
                                        2

                       Mr.   Abhishek Manchanda, Adv.
                       Ms.   Kajal Dalal, Adv.
                       Mr.   Prastut Dalvi, Adv.
                       Ms.   Dimple Nagpal, Adv.
                       For   M/s PLR Chambers and Co., AOR

                       Mr.   Chirag M. Shroff, Adv.
                       Ms.   Mahima C. Shroff, Adv.
                       Ms.   Sanjana Nangia, Adv.
                       Ms.   Natasha Vig, Adv.

                       Mr. Manoj Gorkela, Adv.
                       Mr. Ashutosh Singh, Adv.
                       M/s Gorkela Law Office, AOR

          UPON hearing the counsel the Court made the following
                             O R D E R

W.P. (Crl.) No. 159/2019:

Issue notice.
Heard the learned Senior Counsel appearing for the petitioner. For the grounds stated in the Writ Petition, the petitioner is granted anticipatory bail if he deposits a sum of Rs. 1 Crore in the Registry of this Court within a period of six months from today, which amount shall be kept in an interest bearing short term fixed deposit of a nationalised Bank.
Needless to say that for this period of six months, there shall be no coercive steps against the petitioner. I.A. No. 74238/2019 in W.P. (Crl.) No. 132/2019:
Heard the learned Counsel appearing for the parties. For the reasons stated in the application seeking bail, the petitioner be released on bail forthwith subject to the satisfaction of the CMM, Patiala House Court, on furnishing a personal bond of Rs. 1 lakh and one surety of the like amount. A sum of Rs. 25 lakhs will be deposited by the petitioner in the Registry of this Court within a period of six months from today 3 which amount shall be kept in an interest bearing short-term fixed deposit of a nationalised Bank.
The conditions for grant of bail, inter alia, are as follows:- (1) That the accused shall not commit any offence similar to the offence of which he is accused;
(2) That the accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing such facts to the Court or to any police officer or tamper with the evidence;
(3) That the accused shall join further investigation as and when required by the Investigating Officer or by the Enforcement Directorate;
(4) That the accused will deposit his passport with the Registry of this Court within a period of one week from today. If it is with the Pune Police, Cyber Cell or with any other authority, they shall deposit the aforesaid passport with the Registry of this Court within the aforestated period;
(5) That the accused shall not in any manner use any digital wallet in his name or in any of his associates’ name or do any trading or mining to misappropriate BITCOIN in any manner whatsoever. (6) That the accused will report on every Monday of a week to the concerned Police Station at New Delhi.

The interlocutory application stands disposed of.

(R. NATARAJAN)                                               (RENU DIWAN)
COURT MASTER (SH)                                         ASSISTANT REGISTRAR