Rajasthan High Court - Jaipur
Anil Wadhwa S/O Shri Atmaram Wadhwa vs State Of Rajasthan on 4 December, 2019
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 12949/2019
Anil Wadhwa S/o Shri Atmaram Wadhwa, Aged About 44 Years,
R/o L-17A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Of
Divya Aashirvad Properties Private Limited And Director Jalsa
Infrastructure Private Limited Raj. (Presently Lodged In Central
Jail At Jaipur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
Connected with S.B. Criminal Miscellaneous Bail Application No. 12950/2019 Anil Wadhwa S/o Shri Atmaram Wadhwa, Aged About 44 Years, R/o L-17A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Of Divya Aashirvad Properties Private Limited And Director Jalsa Infrastructure Private Limited Raj. (Presently Lodged In Central Jail At Jaipur)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent S.B. Criminal Miscellaneous Bail Application No. 13899/2019 Anil Wadhwa S/o Shri Atmaram Wadhwa, Aged About 44 Years, R/o L-17A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Of Divya Aashirvad Properties Private Limited And Director Jalsa Infrastructure Private Limited Raj. (Presently Lodged In Central Jail At Jaipur)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent S.B. Criminal Miscellaneous Bail Application No. 13900/2019 (Downloaded on 07/06/2021 at 05:53:23 AM) (2 of 13) [CRLMB-12949/2019] Anil Wadhwa S/o Shri Atmaram Wadhwa, Aged About 44 Years, R/o L-17A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Of Divya Aashirvad Properties Private Limited And Director Jalsa Infrastructure Private Limited Raj. (Presently Lodged In Central Jail At Jaipur)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent S.B. Criminal Miscellaneous Bail Application No. 13901/2019 Anil Wadhwa S/o Shri Atmaram Wadhwa, Aged About 44 Years, R/o L-17A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Of Divya Aashirvad Properties Private Limited And Director Jalsa Infrastructure Private Limited Raj. (Presently Lodged In Central Jail At Jaipur)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent S.B. Criminal Miscellaneous Bail Application No. 13902/2019 Anil Wadhwa S/o Shri Atmaram Wadhwa, Aged About 44 Years, R/o L-17A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Of Divya Aashirvad Properties Private Limited And Director Jalsa Infrastructure Private Limited Raj. (Presently Lodged In Central Jail At Jaipur)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent S.B. Criminal Miscellaneous Bail Application No. 13903/2019 Anil Wadhwa S/o Shri Atmaram Wadhwa, Aged About 44 Years, (Downloaded on 07/06/2021 at 05:53:23 AM) (3 of 13) [CRLMB-12949/2019] R/o L-17A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Of Divya Aashirvad Properties Private Limited And Director Jalsa Infrastructure Private Limited Raj. (Presently Lodged In Central Jail At Jaipur)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent S.B. Criminal Miscellaneous Bail Application No. 14079/2019 Anil Wadhwa S/o Shri Atmaram Wadhwa, Aged About 44 Years, R/o L-17A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Of Divya Aashirvad Properties Private Limited And Director Jalsa Infrastructure Private Limited Raj. (Presently Lodged In Central Jail At Jaipur)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent S.B. Criminal Miscellaneous Bail Application No. 14087/2019 Anil Wadhwa S/o Shri Atmaram Wadhwa, Aged About 44 Years, R/o L-17A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Of Divya Aashirvad Properties Private Limited And Director Jalsa Infrastructure Private Limited Raj. (Presently Lodged In Central Jail At Jaipur)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent S.B. Criminal Miscellaneous Bail Application No. 14090/2019 Anil Wadhwa S/o Shri Atmaram Wadhwa, Aged About 44 Years, R/o L-17A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Of Divya Aashirvad Properties Private Limited And Director Jalsa Infrastructure Private Limited Raj. (Presently Lodged In Central Jail At Jaipur) (Downloaded on 07/06/2021 at 05:53:23 AM) (4 of 13) [CRLMB-12949/2019]
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent S.B. Criminal Miscellaneous Bail Application No. 14116/2019 Anil Wadhwa S/o Shri Atmaram Wadhwa, Aged About 44 Years, R/o L-17A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Of Divya Aashirvad Properties Private Limited And Director Jalsa Infrastructure Private Limited Raj. (Presently Lodged In Central Jail At Jaipur)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent S.B. Criminal Miscellaneous Bail Application No. 14117/2019 Anil Wadhwa S/o Shri Atmaram Wadhwa, Aged About 44 Years, R/o L-17A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Of Divya Aashirvad Properties Private Limited And Director Jalsa Infrastructure Private Limited Raj. (Presently Lodged In Central Jail At Jaipur)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent S.B. Criminal Miscellaneous Bail Application No. 14125/2019 Anil Wadhwa S/o Shri Atmaram Wadhwa, Aged About 44 Years, R/o L-17A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Of Divya Aashirvad Properties Private Limited And Director Jalsa Infrastructure Private Limited Raj. (Presently Lodged In Central Jail At Jaipur)
----Petitioner Versus State Of Rajasthan, Through Pp (Downloaded on 07/06/2021 at 05:53:23 AM) (5 of 13) [CRLMB-12949/2019]
----Respondent S.B. Criminal Miscellaneous Bail Application No. 14126/2019 Anil Wadhwa S/o Shri Atmaram Wadhwa, Aged About 44 Years, R/o L-17A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Of Divya Aashirvad Properties Private Limited And Director Jalsa Infrastructure Private Limited Raj. (Presently Lodged In Central Jail At Jaipur)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent S.B. Criminal Miscellaneous Bail Application No. 14127/2019 Anil Wadhwa S/o Shri Atmaram Wadhwa, Aged About 44 Years, R/o L-17A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Of Divya Aashirvad Properties Private Limited And Director Jalsa Infrastructure Private Limited Raj. (Presently Lodged In Central Jail At Jaipur)
----Petitioner Versus State Of Rajasthan, Through PP
----Respondent S.B. Criminal Miscellaneous Bail Application No. 14128/2019 Anil Wadhwa S/o Shri Atmaram Wadhwa, Aged About 44 Years, R/o L-17A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Of Divya Aashirvad Properties Private Limited And Director Jalsa Infrastructure Private Limited Raj. (Presently Lodged In Central Jail At Jaipur)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent S.B. Criminal Miscellaneous Bail Application No. 15289/2019 (Downloaded on 07/06/2021 at 05:53:23 AM) (6 of 13) [CRLMB-12949/2019] Anil Wadhwa S/o Shri Atmaram Wadhwa, Aged About 44 Years, R/o L-17A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Of Divya Aashirvad Properties Private Limited And Director Jalsa Infrastructure Private Limited Raj. (Presently Lodged In Central Jail At Jaipur)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent S.B. Criminal Miscellaneous Bail Application No. 15290/2019 Anil Wadhwa S/o Shri Atmaram Wadhwa, Aged About 44 Years, R/o L-17A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Of Divya Aashirvad Properties Private Limited And Director Jalsa Infrastructure Private Limited Raj. (Presently Lodged In Central Jail At Jaipur)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent S.B. Criminal Miscellaneous Bail Application No. 15291/2019 Anil Wadhwa S/o Shri Atmaram Wadhwa, Aged About 44 Years, R/o L-17A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Of Divya Aashirvad Properties Private Limited And Director Jalsa Infrastructure Private Limited Raj. (Presently Lodged In Central Jail At Jaipur)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent S.B. Criminal Miscellaneous Bail Application No. 15292/2019 Anil Wadhwa S/o Shri Atmaram Wadhwa, Aged About 44 Years, R/o L-17A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Of Divya Aashirvad Properties Private Limited And Director Jalsa Infrastructure Private Limited Raj. (Presently (Downloaded on 07/06/2021 at 05:53:23 AM) (7 of 13) [CRLMB-12949/2019] Lodged In Central Jail At Jaipur)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent S.B. Criminal Miscellaneous Bail Application No. 15347/2019 Anil Wadhwa S/o Shri Atmaram Wadhwa, Aged About 44 Years, R/o L-17A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Of Divya Aashirvad Properties Private Limited And Director Jalsa Infrastructure Private Limited Raj. (Presently Lodged In Central Jail At Jaipur)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent S.B. Criminal Miscellaneous Bail Application No. 15469/2019 Anil Wadhwa S/o Shri Atmaram Wadhwa, Aged About 44 Years, R/o L-17A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Of Divya Aashirvad Properties Private Limited And Director Jalsa Infrastructure Private Limited Raj. (Presently Lodged In Central Jail At Jaipur)
----Petitioner Versus State Of Rajasthan, Through PP
----Respondent S.B. Criminal Miscellaneous Bail Application No. 15551/2019 Anil Wadhwa S/o Shri Atmaram Wadhwa, Aged About 44 Years, R/o L-17A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Of Divya Aashirvad Properties Private Limited And Director Jalsa Infrastructure Private Limited Raj. (Presently Lodged In Tihar Jail, Delhi)
----Petitioner Versus (Downloaded on 07/06/2021 at 05:53:23 AM) (8 of 13) [CRLMB-12949/2019] State Of Rajasthan, Through Pp
----Respondent S.B. Criminal Miscellaneous Bail Application No. 15552/2019 Anil Wadhwa S/o Shri Atmaram Wadhwa, Aged About 44 Years, R/o L-17A/5 Dlf Phase-2 Gurgaon Haryana Presently Director Of Divya Aashirvad Properties Private Limited And Director Jalsa Infrastructure Private Limited Raj. (Presently Lodged In Tihar Jail, Delhi)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. Suresh Kumar Sahni with Mr. Ram Mohan Sharma For State : Mr. Mangal Singh Saini, PP For Complainant(s) : Mr. Nawal Sikar Sikarwar Mr. Sikander Ali Chopdar Mr. Gaurav Singh Tanwar Mr. Pankaj Gupta Mr. Brajesh Sharma HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 04/12/2019
1. Petitioner has preferred separate bail applications with regard to different FIR No.112/2019 registered at Police Station Malviya Nagar, Jaipur, for offences under Sections 420, 406 read with Section 120-B of IPC in S.B. Criminal Misc. Bail Application No.12949/2019, FIR No.201/2019 registered at Police Station Malviya Nagar, Jaipur, for offences under Sections 420, 406 read with Section 120-B of IPC in S.B. Criminal Misc. Bail Application No.12950/2019, FIR No.167/2019 registered at Police Station Malviya Nagar, Jaipur, for offences under Sections 420, 406 read (Downloaded on 07/06/2021 at 05:53:23 AM) (9 of 13) [CRLMB-12949/2019] with Section 120-B of IPC in S.B. Criminal Misc. Bail Application No.13899/2019, FIR No.224/2019 registered at Police Station Malviya Nagar, Jaipur, for offences under Sections 420, 406 read with Section 120-B of IPC in S.B. Criminal Misc. Bail Application No.13900/2019, FIR No.202/2019 registered at Police Station Malviya Nagar, Jaipur, for offences under Sections 420, 406 read with Section 120-B of IPC in S.B. Criminal Misc. Bail Application No.13901/2019, FIR No.328/2019 registered at Police Station Malviya Nagar, Jaipur, for offences under Sections 420, 406 read with Section 120-B of IPC in S.B. Criminal Misc. Bail Application No.13902/2019, FIR No.195/2019 registered at Police Station Malviya Nagar, Jaipur, for offences under Sections 420, 406 read with Section 120-B of IPC in S.B. Criminal Misc. Bail Application No.13903/2019, FIR No.197/2019 registered at Police Station Malviya Nagar, Jaipur, for offences under Sections 420, 406 read with Section 120-B of IPC in S.B. Criminal Misc. Bail Application No.14079/2019, FIR No.229/2019 registered at Police Station Malviya Nagar, Jaipur, for offences under Sections 420, 406 read with Section 120-B of IPC in S.B. Criminal Misc. Bail Application No.14087/2019, FIR No.235/2019 registered at Police Station Malviya Nagar, Jaipur, for offences under Sections 420, 406 read with Section 120-B of IPC in S.B. Criminal Misc. Bail Application No.14090/2019, FIR No.230/2019 registered at Police Station Malviya Nagar, Jaipur, for offences under Sections 420, 406 read with Section 120-B of IPC in S.B. Criminal Misc. Bail Application No.14116/2019, FIR No.362/2017 registered at Police Station Malviya Nagar, Jaipur, for offences under Sections 420, 406 read with Section 120-B of IPC in S.B. Criminal Misc. Bail Application No.14117/2019, FIR No.196/2019 registered at Police Station (Downloaded on 07/06/2021 at 05:53:23 AM) (10 of 13) [CRLMB-12949/2019] Malviya Nagar, Jaipur, for offences under Sections 420, 406 read with Section 120-B of IPC in S.B. Criminal Misc. Bail Application No.14125/2019, FIR No.415/2019 registered at Police Station Malviya Nagar, Jaipur, for offences under Sections 420, 406 read with Section 120-B of IPC in S.B. Criminal Misc. Bail Application No.14126/2019, FIR No.193/2019 registered at Police Station Malviya Nagar, Jaipur, for offences under Sections 420, 406 read with Section 120-B of IPC in S.B. Criminal Misc. Bail Application No.14127/2019, FIR No.247/2019 registered at Police Station Malviya Nagar, Jaipur, for offences under Sections 420, 406 read with Section 120-B of IPC in S.B. Criminal Misc. Bail Application No.14128/2019, FIR No.460/2013 registered at Police Station JDA, Jaipur presently Police Station Malviya Nagar, for offences under Sections 420, 467, 468, 471 read with Section 120-B of IPC in S.B. Criminal Misc. Bail Application No.15289/2019, FIR No.178/2019 registered at Police Station Malviya Nagar, Jaipur, for offences under Sections 420, 406 read with Section 120-B of IPC in S.B. Criminal Misc. Bail Application No.15290/2019, FIR No.388/2016 registered at Police Station Malviya Nagar, Jaipur, for offences under Sections 420,406, 467, 468, 471 read with 120-B of IPC in S.B. Criminal Misc. Bail Application No.15291/2019, FIR No.186/2019 registered at Police Station Malviya Nagar, Jaipur, for offences under Sections 420, 406 , 467, 468 read with 120-B of IPC in S.B. Criminal Misc. Bail Application No.15292/2019, FIR No.205/2016 registered at Police Station Malviya Nagar, Jaipur, for offences under Sections 420, 406, 200 read with Section 120-B of IPC in S.B. Criminal Misc. Bail Application No.15347/2019, FIR No.206/2016 registered at Police Station Malviya Nagar, Jaipur, for offences under Sections 420, 406, 467, 468, 471, 384 read with (Downloaded on 07/06/2021 at 05:53:23 AM) (11 of 13) [CRLMB-12949/2019] Section 120-B of IPC in S.B. Criminal Misc. Bail Application No.15469/2019, FIR No.154/2019 registered at Police Station Malviya Nagar, Jaipur, for offences under Sections 420, 406 read with Section 120-B of IPC in S.B. Criminal Misc. Bail Application No.15551/2019 and FIR No.370/2013 registered at Police Station JDA, Jaipur, present Police Station Malviya Nagar, Jaipur, for offences under Sections 420, 406, 467, 468, 471 read with Section 120-B of IPC in S.B. Criminal Misc. Bail Application No.15552/2019, lodged against him as the FIR pertain to Mall known as Jalsa Mall and the arguments advanced by counsel for the petitioner, counsel for the complainant and learned Public Prosecutor are common. All bail applications are being decided by this common order.
2. It is contended by counsel for the petitioner that in similar type of FIR, petitioner was granted bail by this court. Petitioner was only developer and he had invested sum around Rs.150 crore in the project. Due to some reason the project could not be completed. The remaining work is to the tune of around Rs.4.5 crore for which report is also produced on record. It is also contended that at the time scheme was launched there was no mens-rea for committing any offence and a civil dispute cannot be given a criminalize by of lodging first information reports.
3. Counsel for the petitioner has placed reliance on "Satish Chandra Ratanlal Shah vs State of Gujrat & Anr., (2019) 9 SCC 148". It is contended that petitioner has already furnished affidavit that will complete the project within a year and get the property registered in favour of the purchasers.
4. Learned Public Prosecutor and counsel for the complainant have vehemently opposed the bail applications. It is contended (Downloaded on 07/06/2021 at 05:53:23 AM) (12 of 13) [CRLMB-12949/2019] that petitioner has initially launched the scheme in the year 2006, subsequently, he has increased the FAR almost twice the permissible FAR. In the initial scheme there was only three floors whereas in the new scheme launched in 2011 five floors have been constructed. It is also contended that petitioner has not obtained any permission from the authorities before increasing the FAR. It is also contended that the scheme was launched in 2006, the period for completion of the project was three years. More than 10 years has lapsed after the date for delivery of possession and still the project is not complete and has fallen in legal tangles.
5. It is also contended that petitioner was involved in the offence of money laundering and Enforcement Directorate had attached the entire mall, the owner of the land moved the Delhi High Court against the attachment and High Court de-attached the mall except 19 shops. It is argued that out of 19 shops which are still attached by Enforcement Directorate, petitioner has sold 6 shops. It is also contended that petitioner has given false affidavit before the High Court. Enforcement Directorate has restrained the petitioner from selling these 19 shops still he has given an affidavit before the court that he would got the sale deed registered with regard to shops he has sold.
6. Counsel for the petitioner states that if any of the shop is under attachment petitioner would refund the amount to the purchaser. It is contended that the dispute with regard to FAR was not stated in the charge-sheet and a new ground has been raised by the complainant before the court. It is also contended that no statutory notice has been issued by the authorities with regard to (Downloaded on 07/06/2021 at 05:53:23 AM) (13 of 13) [CRLMB-12949/2019] violation of FAR and no case of money laundering has been lodged against the petitioner so far.
7. It is contended by counsel for the complainant that more than 85 FIR's have been registered against the petitioner.
8. I have considered the contentions.
9. This court had granted bail to the petitioner. At that time when the earlier bail application was allowed the factum of petitioner being involved in money laundering and the fact of properties being attached by Enforcement Directorate was not in the notice of the court. The objection with regard to the petitioner exceeding the FAR was also not mentioned before the court. The new scheme which was launched in 2011 has no approval from the competent authorities. FAR has been increased without prior sanction of the competent authorities thus pointing out towards the mens-rea of the petitioner. Further the attachment of the properties by the Enforcement Directorate shows that laundered money has been utilized by the petitioner and for that reason 19 shops have been attached by the Enforcement Directorate. Even after lapse of more than 13 years purchaser have not got possession. Petitioner has given a wrong affidavit that he will get the sale deeds registered within one year of his release.
10. Considering the contentions put forth by counsel for the complainant, I am not inclined to grant bail to the petitioner.
11. Criminal Misc. Bail Applications are accordingly, rejected.
(PANKAJ BHANDARI),J HEENA (Downloaded on 07/06/2021 at 05:53:23 AM) Powered by TCPDF (www.tcpdf.org)