Supreme Court - Daily Orders
Subrata Bhattacharya vs Securities And Exchange Board Of India on 17 January, 2020
Bench: D.Y. Chandrachud, Hrishikesh Roy
1
ITEM NO.2 COURT NO.8 SECTION XVII
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s).13301/2015
SUBRATA BHATTACHARYA Appellant(s)
VERSUS
SECURITIES AND EXCHANGE BOARD OF INDIA & ORS. Respondent(s)
(ONLY I.A. NO. 184288/2018 IN T.C.(CRL.) NO. 1/2016 TO BE LISTED)
WITH
IA No. 184288/2018 in T.C.(Crl.) No. 1/2016 (XVI-A)
(FOR CLARIFICATION/DIRECTION)
Date : 17-01-2020 This application was called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
HON'BLE MR. JUSTICE HRISHIKESH ROY
For Appellant(s) Mr. Vimlesh Shukla, Sr. Adv.
Mr. Jai A Dehadrai, Adv.
Mr. Sidharth Arora, Adv.
Mr. Raghumanyu Taneja, Adv.
Mr. Sameer Shrivastava, AOR
Ms. Amita Singh Kalkal, AOR
For Respondent(s) Mr. R. Balasubramanian, Sr. Adv.
Mr. Arijit Prasad, Sr. Adv.
Mr. Abhishek Kumar, Adv.
Mr. Pranay Ranjan, Adv.
Mr. Zoheb Hussain, Adv.
Mr. A.K. Sharma, Adv.
Mrs. Anil Katiyar, Adv.
SEBI Mr. Pratap Venugopal, Adv.
Ms. Surekha Raman, Adv.
Mr. Akhil Abraham Roy, Adv.
Ms. Ayushi Gaur, Adv.
Signature Not Verified
for M/S. K J John And Co
Digitally signed by
SANJAY KUMAR
Date: 2020.01.21
Mrs. Rachana Joshi Issar, AOR
17:19:30 IST
Reason:
Mrs. Anil Katiyar, AOR
2
Mr. Rajinder Kumar Singh, Adv.
Mr. Hitesh Kumar Sharma, Adv.
Mr. S.K. Rajora, Adv.
Mr. Akhileshwar Jha, Adv.
Ms. Sandhya Sharma, Adv.
for Mr. Amit Kumar, AOR
Ms. Kamakshi S. Mehlwal, AOR
Mr. Sanveer Mehlwal, Adv.
Ms. Arna Das, Adv.
Ms. Geetanjali Mehlwal, Adv.
Mr. Somiran Sharma, AOR
Mr. Aditya Singh, AOR
Mr. Gagan Gupta, AOR
Mr. Aviral Kashyap, AOR
Mr. Mukesh Kumar Maroria, AOR
Mr. Ritesh Agrawal, AOR
Mr. Vinod Sharma, AOR
Mr. Arvind Kumar Sharma, AOR
Mr. Hetu Arora Sethi, AOR
Ms. Shalu Sharma, AOR
Mr. Rameshwar Prasad Goyal, AOR
Mr. Gopal Jha, AOR
Mr. Prakash Kumar Singh, AOR
Mr. Mohit D. Ram, AOR
Ms. Anuradha Mutatkar, AOR
Mr. Yadav Narender Singh, AOR
Ms. Pratibha Jain, AOR
Mr. Rajesh Tyagi, Adv.
Mr. Harsh Kumar Gotam, Adv.
Mr. Surya Hari Kamuju, Adv.
Mr. Atishi Dipankar, AOR
Mr. Abhishek Singh, AOR
3
Mr. Avijit Mani Tripathi, AOR
Mr. Mohit Paul, AOR
Ms. Sunaina Phul, Adv.
Mr. Shivendra Singh, AOR
Ms. Priya Aristotle, AOR
Mr. Joel, AOR
Mr. Anjani Kumar Mishra, AOR
Mrs. Shubhangi Tuli, AOR
Ms. Jasmine Damkewala, AOR
Mr. Shaurya Vardhan, Adv.
Mr. Shree Pal Singh, AOR
Mr. M.P. Singh, Adv.
Mr. Rajeev Kumar Bansal, AOR
Mr. Avadh Bihari Kaushik, AOR
Mr. P. N. Puri, AOR
Ms. Christi Jain, AOR
Ms. Uttara Babbar, Adv.
Ms. Bhavana Duhoon, Adv.
Mr. Manan Bansal, Adv.
Ms. Anubha Agrawal, Adv.
Mr. Deepak Bansal, Adv.
Mr. Roopak Bansal, Adv.
Mr. Ravi Kumar Tomar, Adv.
UPON hearing the counsel the Court made the following
O R D E R
IA No. 184288/2018 in T.C.(Crl.) No. 1/2016 We have heard Mr Vimlesh Shukla, learned senior counsel appearing on behalf of the applicant in support of the application for bail and Mr R Balasubramanian, learned senior counsel appearing on behalf of the CBI. 4
An affidavit has been filed on behalf of the CBI to oppose the application for bail.
Mr Vimlesh Shukla, learned senior counsel, submitted that the applicant has been in custody for more than four years and having regard to the fact that a co-accused, who was the Managing Director, has been granted bail, the applicant should be enlarged on bail.
Mr R Balasubramanian, learned senior counsel, opposed the application for bail and relied on the gravity of the alleged offences as set out in the affidavit filed on behalf of CBI.
We have considered the submissions and we have also perused the statements contained in paragraphs 9, 10 and 11 of the affidavit filed on behalf of the CBI by Biswajit Das, Superintendent of Police. We have also duly been apprised of a sequence of bail applications which have been dismissed, as stated in the tabular chart contained in the affidavit. Reliance has also been placed on the observations made in the order of the Delhi High Court dated 6 March 2017 in Bail Application No 1707 of 2016 in which the role of the applicant has been elucidated from the status report filed by the CBI.
Having regard to the facts and circumstances, we are of the view that this is a matter involving an alleged criminal conspiracy in furtherance of which the Directors of M/s PGF Limited and M/s PACL Limited are alleged to have illegally obtained a benefit of Rs 45,184 crores at 5 the expense of 5.46 crore investors spread all over the country from sham land transactions. The role attributed to the applicant has been elucidated in the affidavit filed by CBI. No case for grant of bail has been made out.
The application is accordingly dismissed.
(SANJAY KUMAR-I) (SAROJ KUMARI GAUR)
AR-CUM-PS COURT MASTER