Supreme Court - Daily Orders
Satinder Singh Bhasin vs The State Of Uttar Pradesh on 6 July, 2021
Bench: A.M. Khanwilkar, Sanjiv Khanna
1
ITEM NO.11 Court 4 (Video Conferencing) 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). 197/2021
SATINDER SINGH BHASIN Petitioner(s)
VERSUS
THE STATE OF UTTAR PRADESH & ANR. Respondent(s)
(FOR ADMISSION and IA No.60187/2021-EXEMPTION FROM FILING O.T. and
IA No.60188/2021-EXEMPTION FROM FILING AFFIDAVIT )
Date : 06-07-2021 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE MR. JUSTICE SANJIV KHANNA
For Petitioner(s)
Mr. Shyam Diwan, Sr. Adv.
Mr. Vishal Gosain, Adv.
Mr. Vinayak Bhandari, Adv.
Ms. Rudrani Tyagi, Adv.
Mr. Somesh Tiwari, Adv.
Mr. Shreeyash U. Lalit, Adv.
Ms. Manisha Ambwani, AOR
For Respondent(s)
Mr. Vinod Diwakar, AAG
Mr. Sarvesh Singh Baghel, AOR
Mr. B.N. Dubey, Adv.
Ms. Shivrajani Ralawata, Adv.
Mr. Chirag M. Shroff, AOR
UPON hearing the counsel the Court made the following
O R D E R
Heard Mr. Shyam Divan, learned senior counsel for the petitioner, Mr. Vinod Diwakar, learned counsel for the Signature Not Verified State of U.P. as well as Mr. Chirag M. Shroff, learned Digitally signed by NEETU KHAJURIA Date: 2021.07.06 20:33:00 IST Reason: counsel for the NCT of Delhi.
1 2 The substantive relief claimed in this writ petition is to club all the FIRs pertaining to Bike Bot Scheme scam, wherein the petitioner has since been arrayed as an accused along with other accused and to appoint Special Investigation Team (SIT) for conducting the investigation in connection with the stated FIRs. It appears that 31 FIRs have been filed in the State of U.P. and 1 FIR has been filed in the NCT of Delhi pertaining to the same scam and making similar grievance.
In this backdrop, the present writ petition has been filed. This Court had already issued notice to the respondents, who, in turn, had filed reply to the main prayer. There is another writ petition filed by this petitioner and is pending in this Court, pertaining to some other project unconnected with Bike Bot Scheme scam. Nevertheless, it would be appropriate that this writ petition and the said writ petition proceeds before the same Bench.
For the time being, we are only considering the prayer for interim relief. It is noticed from the record that the High Court of Judicature at Allahabad, by a detailed judgment and order, has considered the prayer 2 3 for bail in connection with Case Crime Nos. 353/2019 and 586/2019. The crux of the finding recorded in both the bail orders is that the petitioner has not been named in the FIR nor is he a Director, Signatory and Shareholder of M/s Garvit Innovative Promoters Limited (for short ‘GIPL’). The allegation against the petitioner is that the investors amount of the Bike Bot Scheme scam launched by GIPL has been diverted to the petitioner’s company. The High Court has prima facie held that the application said to have been moved by the petitioner’s company, does not bear the signature of the person named in the FIR and the said person had resigned from the post of Director prior to the date of moving the application and the commercial space has been allotted by the petitioner in favour of M/s. GIPA and the sister concern and the possession of commercial space has also been taken. It is further noted by the High Court that the allotted premises is reportedly attached by the Enforcement Directorate in the proceedings started against the main accused but accounts of the petitioner’s company has not been attached.
Taking totality of the circumstances and the fact 3 4 that the petitioner has been in jail for quite some time (since December, 2020) in connection with the FIRs in question, we find no reason to depart from the bail orders granted by the High Court of Judicature at Allahabad, in two registered criminal cases, referred to above and direct that the petitioner shall be released on bail with respect to all the FIRs emanating from Bike Bot Scheme scam registered within the jurisdiction of the State of U.P. or NCT of Delhi, as the case may be, or at any other place, which is not known to the petitioner, for the time being.
The petitioner shall be released on bail on the same terms and conditions in connection with all FIRs as ordered by the High Court of Judicature at Allahabad, which read thus:
"1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. 4 5
6. The applicant shall deposit his passport with the trial court within two weeks from the date of his release from prison and if he has no passport, he shall swear to it on affidavit within the same period and shall not leave the country without prior permission of the court concerned.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.” The concerned authorities shall give effect to this order forthwith, subject to the petitioner complying with the conditions noted hitherto.
We place on record that the petitioner has filed Criminal Writ Petition No. 965 of 2021 in the High Court of Judicature at Allahabad, for clubbing all the FIRs in the State of U.P., which the petitioner assures through counsel to withdraw the same forthwith, as he would be pursuing that relief in the present petition. We permit him to do so.
In addition, the petitioner has filed a bail application before the Trial Court Judge claiming parity, which application is deemed to have been disposed of in terms of this interim order.
Post this writ petition on 17th August, 2021 for final disposal. Writ petition (Crl.) No. 242 of 2019 filed by the petitioner in connection with some other project will 5 6 also be listed on the same date, which may be heard one after the other.
Needless to observe that the co-accused in the FIRs (in question) referred to in this writ petition, cannot take advantage of the interim relief granted to the petitioner. Their bail application will have to be considered by the concerned Court on its own merits, being the prime accused in the concerned criminal cases.
We, further, add that the petitioner must fully co- operate with further investigation, as and when called upon to do so, by the Investigating Officer in the concerned case.
We make it clear that this order will enure to the petitioner in connection with FIRs mentioned in the writ petition or any other FIRs to be filed including for other provisions / enactments invoked against the petitioner on the basis of the said FIRs. In case, the State of U.P. intends to proceed against the petitioner in connection with any other independent offence, must take prior permission of this Court.
(DEEPAK SINGH) (VIDYA NEGI)
COURT MASTER COURT MASTER
6