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Supreme Court - Daily Orders

Vihaan Direct Selling (I) Pvt Ltd And ... vs Union Of India on 3 April, 2019

Bench: Rohinton Fali Nariman, Vineet Saran

     ITEM NO.5                           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. 31/2017

     VIHAAN DIRECT SELLING (I) PVT. LTD. & ORS.                         Petitioner(s)

                                                 VERSUS

     UNION OF INDIA & ORS.                                              Respondent(s)

     (With IA 52329/2017 – PERMISSION TO APPEAR AND ARGUE IN PERSON, IA
     No. 21314/2019 – APPROPRIATE ORDERS/DIRECTIONS)

     (List WP (Crl.) No. 304 of 2018 and WP(Crl.) NO. 33 of 2019 on
     03.04.2019 as Item No. 1.)

     W.P.(Crl.) No. 304/2018 (X)
     (With I.A. No. 180487/2018 – FOR EX-PARTE AD-INTERIM STAY and I.A.
     No. 180498/2018 – FOR AD-INTERIM EX-PARTE BAIL)

     W.P.(Crl.) No. 33/2019 (X)
     (With I.A. No. 22248/2019 –                  FOR   EX-PARTE    BAIL   and    I.A.   No.
     22251/2019 - FOR EX-PARTE STAY)

     Date : 03-04-2019 These matters were called on for hearing today.

     CORAM :
                         HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
                         HON'BLE MR. JUSTICE VINEET SARAN


     For Petitioner(s)
                                   Mr.   Krishnan Venugopal, Sr. Adv.
                                   Mr.   V. Giri, Sr. Adv.
                                   Mr.   Khalid Israr, Sr. Adv.
                                   Mr.   Gaurav Agarwal, Adv.
                                   Mr.   Deepak Prakash, AOR
                                   Ms.   Mansi Joshi, Adv.
                                   Mr.   Subhash Choudhary, Adv.
                                   Mr.   Raneev Dahiya, Adv.
                                   Mr.   Shashank Menon, Adv.
                                   Mr.   Dawneesh Shaktivats, Adv.
                                   Ms.   Sree Devi, Adv.
Signature Not Verified             Mr.   Nachiketa Vajpayee, Adv.
Digitally signed by
NIDHI AHUJA
Date: 2019.04.03
                                   Ms.   Divyangna Malik, Adv.
17:08:04 IST
Reason:

     For Respondent(s)
                                   Mr. Nishant Ramakantrao Katneshwarkar, AOR

                                                                                           1
W.P.(Crl.) No. 304/2018 etc.



                       Mr. S. Udaya Kumar Sagar, AOR
                       Mr. Mrityunjai Singh, Adv.

                       Mr. Joseph Aristotle S., AOR
                       Ms. Priya Aristotle, Adv.
                       Mr. Shiva P., Adv.

                       Mr. Shree Pal Singh, AOR

                       Mr. Suhaan Mukerji, Adv.
                       Ms. Astha Sharma, Adv.
                       Mr. Amit Verma, Adv.
                       Mr. Abhishek Manchanda, Adv.
                       M/s. PLR Chambers and Co., AOR

                       Mr. Chirag M. Shroff, AOR
                       Ms. Noha Sahgwan, Adv.
                       Ms. Mahima C. Shroff, Adv.

                       Mr. Siddharth Mittal, AOR

                       Mr. Viresh B. Saharya, AOR
                       Mr. Akshat Agarwal, Adv.
                       Mr. Dinha, Adv.

                       Ms. Kamakshi S. Mehlwal, AOR

                       Mr. Nischal Kumar Neeraj, AOR

                       Mr. Manoj Gorkela, Adv.
                       Mr. Abhinav Singh, Adv.
                       Mr. Arpit Bisht, Adv.
                       Ms. Simmee Pandey, Adv.
                       M/S. Gorkela Law Office, AOR

                       Mr. Rajat Singh, AOR

                       Ms. V. Mohana, Sr. Adv.
                       Mr. Pranay Ranjan, Adv.
                       Mr. Shailendra Saini, Adv.
                       Ms. Nikita Copoor, Adv.
                       Ms. Ankita Sharma, Adv.
                       Mr. Surender Kumar Gupta, Adv.
                       Ms. Suhasini Sen, Adv.
                       Mr. Raj Bahadur Yadav, Adv.
                       Mr. Prashant Rawat, Adv.
                       Mrs. Anil Katiyar, AOR
                       Mr. B. V. Balaram Das, AOR

                       Ms. Binu Tamta, Adv.

                                                        2
W.P.(Crl.) No. 304/2018 etc.

                       Ms. Nisha Bagchi, Adv.
                       Mr. P. Srivastava, Adv.
                       Mr. B. Krishna Prasad, AOR

                       Mr. Devansh A. Mohta, Adv.

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

I.A. No. 180498/2018 in W.P.(Crl.) No. 304/2018 The petitioner be released on bail forthwith subject to his depositing a sum of Rs.10 crores in the Registry of this Court within a period of six months from today.

The conditions for grant of bail, inter alia, on considering the latest medical report from AIIMS, Delhi, 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 3 W.P.(Crl.) No. 304/2018 etc. Cell, 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 in mining to misappropriate BITCOIN in any manner whatsoever. (6) That the accused will report on every Monday of a week to the Police Station H-732, Gyan Shakti Mandir Marg, Block B-H, West Shalimar Bagh, Delhi – 110088.

The interlocutory application stands disposed of. I.A. No. 22248/2019 in W.P.(Crl.) No. 33/2019 The petitioner be released on bail forthwith subject to his depositing a sum of Rs.1 crore in the Registry of this Court within a period of six months from today.

The conditions for grant of bail 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;
4

W.P.(Crl.) No. 304/2018 etc. (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, 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 in mining to misappropriate BITCOIN in any manner whatsoever. (6) That the accused will report on every Monday of a week to the Police Station H-732, Gyan Shakti Mandir Marg, Block B-H, West Shalimar Bagh, Delhi – 110088. The interlocutory application stands disposed of.

           (NIDHI AHUJA)                              (RENU DIWAN)
         COURT MASTER (SH)                        ASSISTANT REGISTRAR




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