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Supreme Court - Daily Orders

Sandeep Goyal vs Union Of India on 17 April, 2020

Bench: Mohan M. Shantanagoudar, R. Subhash Reddy

     ITEM NO.10                         Virtual Court 2                    SECTION II

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

     Petition(s) for Special Leave to Appeal (Crl.)                         No(s).      1803/2020

     (Arising out of impugned final judgment and order dated 05-02-2020
     in SBCRLMTBA No. 1521/2020 passed by the High Court Of Judicature
     For Rajasthan At Jaipur)

     SANDEEP GOYAL                                                                Petitioner(s)

                                                            VERSUS

     UNION OF INDIA                                                               Respondent(s)

     (FOR ADMISSION and I.R. and IA No.36347/2020-EXEMPTION FROM FILING
     O.T. )

     Date : 17-04-2020 This petition was called on for hearing today.

     CORAM :                 HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
                             HON'BLE MR. JUSTICE R. SUBHASH REDDY


     For Petitioner(s)                    Mr. Arvind S. Avhad, AOR

     For Respondent(s)                    Mr. K.M. Natrajan, ASG


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

The allegation against the petitioner is that he has created about 555 fake firms and has committed fraud to the tune of Rs.74,00,00,000/- (Rupees seventy four crore only).

Mr. K.M. Natraj, learned additional solicitor general, submits that the investigation is still pending and more number of fake firms created by the petitioner are being detected. Signature Not Verified Digitally signed by ANITA MALHOTRA Date: 2020.04.17 15:24:07 IST Reason: It is not in dispute that the maximum punishment to be imposed on the petitioner, if convicted, is five years. It is also not in dispute that the petitioner has already undergone one year and 2 eight months imprisonment. It is brought to our notice that some of the accused are released on bail.

Be that as it may, having regard to the totality of facts and circumstances, we deem it appropriate to pass the following order:

The State shall make endeavour to complete the investigation within three months from today.
In case the investigation is not completed within three months from this day, the petitioner shall be released on bail by the Trial Court by imposing appropriate terms and conditions. If the investigation is completed, the report shall be filed before the concerned court. In case, the investigation is completed and the report is filed within three months from today, it is open for the petitioner to move the trial court for bail, if he so chooses. If such an application is filed, the same shall be considered on its own merits by the trial Court. The special leave petition is disposed of accordingly.
(GULSHAN KUMAR ARORA)                                  (RAJINDER KAUR)
     AR-CUM-PS                                       ASSISTANT REGISTRAR