(1.) The petitioners Gurmeet Singh and Subrata Bhattacharya seek bail in RC-BDI/2014/E/0004 under Sections 120B r/w Sections 409/411/420/ 467/468/471/474 Penal Code & 4 & 5 read with Sec. 6 of the Prize Chits & Money Circulation Schemes (Banning) Act 1978.
(2.) Before proceeding in the matter, this Court brought to the notice of learned counsels for both sides, the order of the Honourable Supreme Court dated 2nd May, 2016 allowing prayer 'a' in IA No.5/2016 in Civil Appeal No.13301/2015. Prayer 'a' in the application before the Honourable Supreme Court was as under:-
(3.) Both learned senior counsels for the petitioners and learned Spl. PP for the CBI submit that the said prayer was allowed after a Committee under the chairmanship of Justice R.M. Lodha (Retd. Chief Justice of India) was constituted to sell up the properties of the company involved in the above noted FIR so that amounts could be disbursed to the investors. When the investors started filing claims against the Committee, various civil suits and petitions, the Honourable Supreme Court allowed prayer 'a' as noted above and directed that no other Court except the Honourable Supreme Court can entertain an application in terms of prayer 'a' noted above. The present petition relates to trial of the petitioners pursuant to the above noted FIR and the remedies available under the Code of Criminal Procedure during the course of trial are not affected by the order of Honourable Supreme Court dated 2nd May, 2016.