BHUPINDER SINGH Vs. UNITECH LTD.

JUDGEMENT

(1.) A status report has been filed on behalf of the Delhi Police by the Additional Deputy Commissioner of Police, Economic Offences Wing, New Delhi. An interlocutory application has been filed by the Delhi Police for staying the order passed by Dr Pankaj Sharma, Chief Metropolitan Magistrate, Patiala House Courts, New Delhi on 13 January 2021 granting bail to the accused, Sanjay Chandra and Ajay Chandra. This fact having been drawn to the notice of the Court yesterday (17.3.2021) during the course of the hearing, the Amicus Curiae was permitted to bring to the notice of the counsel for the accused the status report which has been filed by the Delhi Police.

(2.) FIR No 101 of 2015 was registered at the behest of the home buyers of Unitech Limited on 31 July 2015. The Sessions Judge, by an order dated 9 August 2017, dismissed the bail application filed by the accused. The Delhi High Court by an order dated 11 August 2017, declined to grant interim bail. The Economic Offences Wing filed a charge-sheet before the Chief Metropolitan Magistrate, Patiala House Courts under Sections 406, 420 and 409 read with Section 120B of the Indian Penal Code on 21 September 2017. Special Leave Petitions - SLP(Crl) Nos 5978-5979 of 2017 - were moved before this Court against the order of the Delhi High Court noted above. By an order dated 30 October 2017, the two accused were admitted to bail subject to the condition that they shall deposit a sum of Rs 750 crores in the Registry of this Court by 31 December 2017. Subsequently, on 30 August2018 and 7 January 2019, two supplementary charge-sheets have been filed by the Economic Offences Wing.

(3.) On 14 August 2020, this Court considered the applications filed by the accused, namely, IA Nos 63800 and 63683 of 2020, for the grant of bail on the basis of their submission that they had complied with the order dated 30 October 2017 for the grant of bail. The specific submissions which were urged before this Court on behalf of the accused have been noted in the order dated 14 August 2020 in the following terms: