Supreme Court - Daily Orders
Satinder Singh Bhasin vs The State Of Uttar Pradesh on 2 September, 2021
Bench: A.M. Khanwilkar, Hrishikesh Roy, C.T. Ravikumar
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ITEM NO.12 Court 3 (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
IA No. 71256/2021 - APPLICATION FOR PERMISSION
IA No. 98949/2021 - APPLICATION FOR PERMISSION
IA No. 62367/2021 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 74475/2021 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 60188/2021 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 63893/2021 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 74459/2021 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 71711/2021 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 62429/2021 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 69413/2021 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 76036/2021 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 63894/2021 - EXEMPTION FROM FILING O.T.
IA No. 74461/2021 - EXEMPTION FROM FILING O.T.
IA No. 60187/2021 - EXEMPTION FROM FILING O.T.
IA No. 62430/2021 - EXEMPTION FROM FILING O.T.
IA No. 62368/2021 - EXEMPTION FROM FILING O.T.
IA No. 69412/2021 - EXEMPTION FROM FILING O.T.
IA No. 76035/2021 - INTERVENTION/IMPLEADMENT
IA No. 69411/2021 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 62365/2021 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 63892/2021 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 62427/2021 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
WITH
W.P.(Crl.) No. 242/2019
(Ref:- This Court's order dated 24.01.2020 Mr. Maninder Singh,
Senior Advocate espouse the cause of Respondent NO. 96.
IA No. 14082/2020 - APPLICATION FOR PERMISSION
Signature Not Verified
IA No. 5554/2020 - APPROPRIATE ORDERS/DIRECTIONS
Digitally signed by
DEEPAK SINGH
Date: 2021.09.02
IA No. 91855/2020 - APPROPRIATE ORDERS/DIRECTIONS
18:18:47 IST
Reason:
IA No. 116365/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 100478/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 14088/2020 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 36195/2020 - APPROPRIATE ORDERS/DIRECTIONS
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IA No. 30065/2021 - APPROPRIATE ORDERS/DIRECTIONS
IA No. 50798/2021 - CLARIFICATION/DIRECTION
IA No. 50797/2021 - CLARIFICATION/DIRECTION
IA No. 152922/2019 - CLARIFICATION/DIRECTION
IA No. 50793/2021 - CLARIFICATION/DIRECTION
IA No. 79149/2020 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 63241/2020 - EXEMPTION FROM FILING AFFIDAVIT
IA No. 160063/2019 - EXEMPTION FROM FILING O.T.
IA No. 133019/2019 - EXEMPTION FROM FILING O.T.
IA No. 159897/2019 - EXEMPTION FROM FILING O.T.
IA No. 160754/2019 - EXEMPTION FROM FILING O.T.
IA No. 160750/2019 - EXEMPTION FROM FILING O.T.
IA No. 160735/2019 - EXEMPTION FROM FILING O.T.
IA No. 163627/2019 - EXEMPTION FROM FILING O.T.
IA No. 144891/2019 - EXEMPTION FROM FILING O.T.
IA No. 160705/2019 - EXEMPTION FROM FILING O.T.
IA No. 93431/2020 - EXEMPTION FROM FILING O.T.
IA No. 160564/2019 - EXEMPTION FROM FILING O.T.
IA No. 139596/2019 - EXEMPTION FROM FILING O.T.
IA No. 160148/2019 - EXEMPTION FROM FILING O.T.
IA No. 160131/2019 - EXEMPTION FROM FILING O.T.
IA No. 133013/2019 - INTERIM BAIL
IA No. 36046/2020 - INTERVENTION APPLICATION
IA No. 84967/2020 - INTERVENTION APPLICATION
IA No. 50642/2021 - INTERVENTION APPLICATION
IA No. 41112/2020 - INTERVENTION APPLICATION
IA No. 50535/2021 - INTERVENTION APPLICATION
IA No. 41107/2020 - INTERVENTION APPLICATION
IA No. 50525/2021 - INTERVENTION APPLICATION
IA No. 139593/2019 - INTERVENTION APPLICATION
IA No. 163023/2019 - INTERVENTION/IMPLEADMENT
IA No. 163100/2019 - INTERVENTION/IMPLEADMENT
IA No. 163098/2019 - INTERVENTION/IMPLEADMENT
IA No. 34631/2020 - INTERVENTION/IMPLEADMENT
IA No. 163094/2019 - INTERVENTION/IMPLEADMENT
IA No. 116358/2020 - INTERVENTION/IMPLEADMENT
IA No. 163086/2019 - INTERVENTION/IMPLEADMENT
IA No. 34111/2020 - INTERVENTION/IMPLEADMENT
IA No. 65299/2020 - INTERVENTION/IMPLEADMENT
IA No. 163073/2019 - INTERVENTION/IMPLEADMENT
IA No. 163116/2019 - INTERVENTION/IMPLEADMENT
IA No. 163047/2019 - INTERVENTION/IMPLEADMENT
IA No. 163111/2019 - INTERVENTION/IMPLEADMENT
IA No. 163041/2019 - INTERVENTION/IMPLEADMENT
IA No. 163108/2019 - INTERVENTION/IMPLEADMENT
IA No. 12436/2020 - INTERVENTION/IMPLEADMENT
IA No. 92596/2020 - INTERVENTION/IMPLEADMENT
IA No. 163036/2019 - INTERVENTION/IMPLEADMENT
IA No. 163102/2019 - INTERVENTION/IMPLEADMENT
IA No. 5940/2020 - MODIFICATION
IA No. 4634/2020 - MODIFICATION OF COURT ORDER
IA No. 154693/2019 - PERMISSION TO APPEAR AND ARGUE IN PERSON
IA No. 188240/2019 - PERMISSION TO APPEAR AND ARGUE IN PERSON
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IA No. 134450/2019 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 4509/2021 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 34117/2020 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 144889/2019 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 93430/2020 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 92511/2020 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 133016/2019 - PERMISSION TO FILE SYNOPSIS AND LIST OF DATES)
Diary No(s). 2103/2021
(IA No. 11432/2021 - EXEMPTION FROM FILING AFFIDAVIT)
W.P.(Crl.) No. 292/2021
(IA No. 79674/2021 - EX-PARTE STAY
IA No. 79676/2021 - EXEMPTION FROM FILING O.T.
IA No. 82920/2021 - EXEMPTION FROM FILING O.T.
IA No. 82918/2021 - INTERIM BAIL
IA No. 80500/2021 - PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES)
Date : 02-09-2021 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE A.M. KHANWILKAR
HON'BLE MR. JUSTICE HRISHIKESH ROY
HON'BLE MR. JUSTICE C.T. RAVIKUMAR
For Parties: Mr. Shyam Divan, Sr. Adv.
Mr. Sunil Fernandes, AOR
Mr. Vishal Gosain, Adv.
Mr. Lokesh Bhola, Adv.
Mr. Vinayak Bhandari, Adv.
Ms. Rudrani Tyagi, Adv.
Mr. Karan Grover, Adv.
Ms. Nupur Kumar, Adv.
Mr. Prastut Dalvi, Adv.
Mr. Shyam Divan, Sr. Adv.
Mr. Sidharth Luthra, Sr. Adv.
Ms. Rebecca M John, Sr. Adv.
Mr. Vivek Jain, AOR
Mr. Zulfiquar Memon, Adv.
Mr. Parvez Memon, Adv.
Mr. Mrinal Bharti, Adv.
Mr. Chirag Naik, Adv.
Mr. Palash Bhatkoti, Adv.
Mr. Nitin Sharma, Adv.
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Mr. Manish Shekhari, Adv.
Ms. Vaijanti Sharma , Adv.
Mr. Vishal Gosai, Adv.
Ms. Rudrani Tyagi, Adv.
Mr. Huzefa A. Ahmadi, Sr. Adv.
Ms. Divya Sharma, Adv.
Mr. Suryajyoti Singh, Adv.
Mr. Gopal Jha, AOR
Mr. Viresh B. Saharya, AOR
Mr. Manoj K. Mishra, AOR
Mr. Umesh Dubey, Adv.
Mr. Alok Pandey, Adv.
Mr. Prateek Som, Adv.
Mr. Sudhir S. Rawat, Adv.
Mr. Vinod Diwakar, AAG
Mr. Sarvesh Singh Baghel, AOR
Mr. Shantanu Singh, Adv.
Mr. B. N. Dubey, Adv.
Mr. Chirag M. Shroff, AOR
Mr. Gopal Prasad, AOR
Mr. Parijat Kishore, AOR
Ms. Prerna Singh, Adv.
Mr. Guntur Pramod Kumar, AOR
Mr. Prem Prakash, AOR
Mr. Sumeer Sodhi, AOR
Mr. Ravinder Kumar Yadav, AOR
Mr. Vinay Mohan Sharma, Adv.
Mr. Kartikey, Adv.
Ms. Shivani Bisht, Adv.
Mr. Amir Yadav, Adv.
Mr. Vineet Yadav, Adv.
Ms. Arti Anupriya, Adv.
Ms. Anuradha Dutta, Adv.
Ms. Ashish Mishra, Adv.
Ms. Priyanka Tewari, Adv.
Mr. Jainendra Kumar, Adv.
Mr. Vivek Kumar Pandey, Adv.
Mr. Krishna Kant Dubey, Adv.
Mr. Rakesh Kumar Tewari, Adv.
Ms. Shuchi Singh, Adv.
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Mr. Sanjay Kumar Dubey, AOR
Ms. Suvarna S. Ganu, Adv.
Ms. Nidhi, AOR
Mr. V. V. Gautam, Adv.
Ms. Isha Vashisth, Adv.
Mr. Shree Pal Singh, AOR
M/S Lawfic, AOR
Mr. Gaurav Sharma, AOR
Mr. Avinash Sharma, AOR
Ms. Meenakshi Arora, Sr. Adv.
Mr. Abhinav Jain, Adv.
Mr. Rajeev Singh, AOR
Mr. S. S. Jangra, Adv.
Dr. Amardeep Gaur, Adv.
For M/S. V. Maheshwari & Co., AOR
Mr. Sanjay Kumar Tyagi, AOR
Ms. Manju Jetley, AOR
Mrs. Swarupama Chaturvedi, AOR
Mr. S. K. Verma, AOR
Mr. Vishal Prasad, AOR
Mr. Shree Prakash Sinha, Adv.
Ms. Mohua Sinha, Adv.
Mr. Nawalendra Kumar, Adv.
Mr. Sidharth Singh, Adv.
Mr. Shekhar Kumar, AOR
Mr. Satinder S. Gulati, Adv.
Mrs. Kamaldeep Gulati, AOR
Mr. Jappanpreet Hora, Adv.
Mr. Prabjot Hora, Adv.
Mr. Anish R. Shah, AOR
Mr. Krishnamohan K., AOR
Ms. Dania Nayyar, Adv.
Mr. Prashant Chaudhary, AOR
Mr. Pawan Kumar Bahl, Adv.
Mr. Shailendra Verma, Adv.
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Mr. Kumar Mihir, AOR
Mr. Raghavendra M. Bajaj, Adv.
Ms. Garima Bajaj, AOR
Mr. Nikhil Bamal, Adv.
Mr. Agnish Aditya, Adv.
Mr. Vivek Narayan Sharma, AOR
Mr. Karan Suneja, Adv.
Ms. Manvi Khurana, Adv.
Mr. Ajay Singh, Adv.
Ms. Mahima Bhardwaj, Adv.
Mr. Rajeev Kumar Jha, Adv.
Mr. Shubham Awasthi, Adv.
Mr. Mohit D. Ram, AOR
Dr. Monika Gusain, AOR
Mr. S. Harini, Adv.
Mr. K. M. Nataraj, ASG
Mr. Rajan Kr. Chourasia, Adv.
Mr. Shailash Madiyal, Adv.
Ms. Ranjana Naraine, Adv.
Mr. Sughosh Subramanian, Adv.
Mr. Arvind Kumar Sharma, AOR
UPON hearing the counsel the Court made the following
O R D E R
W.P.(Crl.) No(s). 197/2021
Mr. Shyam Divan, learned senior counsel appearing for the petitioner (Satinder Singh Bhasin) submits that due to reasons beyond his control, the petitioner is not in a position to leave on 07.09.2021 as decided earlier. Instead, he will be able to travel abroad only on or after 15.09.2021. As a result, request is made to alter the date mentioned in prayer clause(b), referred to in 7 the order dated 26.08.2021 being two weeks period commencing from 15.09.2021 instead of 07.09.2021.
We accede to this request and order accordingly. Rest of the order dated 26.08.2021 to remain as it is.
We place on record the objection raised by Mr. Raghavendra M. Bajaj, learned counsel appearing in I.A. Nos. 50525, 50797 and 50798 of 2021.
According to him, there is a possibility of petitioner not returning back to India. We have considered that argument on the earlier occasion. Despite that, we deemed it appropriate to pass order keeping in mind the past conduct of the petitioner as noted in the stated order.
Hence, this objection is rejected.
W.P.(Crl.) No(s). 242 /2019 Mr. Huzefa Ahmadi, learned senior counsel appearing for the home buyers submits that his clients have entered into agreement with the petitioner/Company in the mediation process before the Court appointed mediator. However, the petitioner/company is not honouring the terms of settlement so arrived at.
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Mr. Shyam Divan, learned senior counsel appearing for the petitioner and also the company submits that he will take specific instructions in that regard. According to his instructions, the agreements have been presented before the Sub-Registrar which need to be registered, for which the home buyers must also cooperate.
In view of this submission, we direct the Sub- Registrar to complete the registration process expeditiously.
Mr. Huzefa Ahmadi, learned senior counsel appearing for the home buyers assures to extend full cooperation to the Sub-Registrar in registration as and when called upon to do so.
If some documents are still not presented that may be done by the petitioner/company before the next date of hearing.
Mr. V.V. Gautam, learned counsel appearing for the applicant submits that his client is more than willing to go for mediation but there is no corresponding response from the petitioner/company.
Mr. Shyam Divan, learned senior counsel appearing for the petitioner/company submits that the petitioner/company is committed to exploring possibility 9 of settlement through mediation as already directed by the Court.
The petitioner assures to nominate authorized person to participate in the mediation process as and when called upon to do so by the mediator.
I.A. Nos. 99512 and 99514 of 2021 Issue notice.
Dasti, in addition, is permitted.
Diary No. 2103 of 2021 List this Contempt Petition on 01.10.2021. In the meantime, the petitioner to file response to the contempt petition.
W.P.(Crl.) No. 292 of 2021
Heard learned counsel for the parties. This order will dispose of the prayer for interim relief.
The grievance of the petitioner (Dinesh Pandey) is similar to the grievance made by Satinder Singh Bhasin in connected cases. Even in the case of the present petitioner, the High Court of Judicature at Allahabad has directed release of the petitioner on bail in terms of order dated 11.06.2021 (Annexure P-7 to the Writ 10 Petition) after recording a clear finding that the petitioner is not named in the FIR nor is the Director, office bearer or manager of the M/s. Garvit Innovative Promoters Ltd. (for short, 'GIPL') who has launched the Bike Bot Scheme. Even in the present case, it is noticed that multiple FIRs/complaints have been filed and in respect of which the petitioner is being taken into custody in succession.
Accordingly, for the reasons mentioned in the order dated 06.07.2021 of this Court in Writ Petition (Crl.) No. 197 of 2021, applying the same analogy, we direct the respondents to release the petitioner on bail forthwith on the terms and conditions specified in the bail order passed by the High Court of Judicature at Allahabad in respect of the concerned cases and for that matter even future cases to be registered, which shall be done only after taking prior permission of this Court.
The petitioner shall abide by the terms and conditions stated by the High Court. In addition, he shall deposit a sum of Rs. 10 crores in the Registry of this Court which may remain invested in a Fixed Deposit Receipt with a nationalized bank, until further orders. That will be pre-condition for grant of bail. 11
We make it clear that this order will enure to the petitioner in FIRs/complaints referred to in the writ petition or any other FIRs/complaints concerning the subject project and also to other FIRs/complaints to be filed or filed, including for other provisions/enactments invoked against the petitioner on the basis of the said FIRs/complaints.
In case, the respondent(s)State(s) intend to proceed against the petitioner in connection with any other independent offence concerning the subject project, must take prior permission of this Court.
Needless to note that the petitioner shall fully cooperate with the further investigation, as and when called upon to do so by the Investigating Officer in the concerned cases.
We have directed the petitioner to deposit Rs. 10 crores, in the peculiar facts of the present case, as no claimant has approached this Court so far to set up a claim against the petitioner, as in the case of project M/s. Grand Venezia Commercial Towers in which the Satinder Singh Bhasin has been named. 12 Accordingly, interim relief as prayed, is granted. List all the matters along with applications on 01.10.2021 at the end of the List.
(DEEPAK SINGH) (VIDYA NEGI) COURT MASTER (SH) COURT MASTER (NSH)