2017 (8) TMI 1603 - HC - Indian Laws

Court Notice and Status Report Ordered for Bail Applications by Managing Directors in Financial Offenses

The Court issued notice and directed a status report to be submitted for bail applications filed by Managing Directors of a construction company in ... Bail application - allegation against the petitioners in the FIR is of having demanded/accepted money from the investors/home buyers to the tune of several hundred crores of rupees, even though there were no requisite sanctions and approvals or zoning plan for the construction - HELD THAT:- Issue notice. Mr. Rahul Mehra, learned Standing Counsel accepts notice. Issues involved:Bail application in connection with FIR for offences under Sections 406, 420, and 120B of the IPC against Managing Directors of a construction company.Analysis:The judgment pertains to bail applications (BAIL APPLN. 1573/2017 and BAIL APPLN. 1574/2017) filed by the Managing Directors of a civil construction and Housing Development Company in connection with FIR No.101/2015 dated 31.07.2015 (P.S. EOW) for alleged offences under Sections 406, 420, and 120B of the IPC. The petitioners are accused of demanding/accepting money from investors/home buyers without necessary sanctions and approvals for construction activities. The senior advocate representing the petitioners argued that bail is sought to facilitate settlement with the investors who have deposited money in the building schemes. It was highlighted that during a period of provisional bail, the petitioners successfully resolved disputes with some investors.The Court issued notice to the concerned parties, with the learned Standing Counsel accepting the notice. A status report, following thorough verification of facts, was directed to be submitted before the next hearing date. The judgment did not delve into the merits of the case but primarily focused on the bail applications and the intention of the petitioners to settle disputes with investors. The Court granted exemption subject to exceptions in this regard, disposing of the relevant applications.In conclusion, the judgment addresses the bail applications of the Managing Directors of the construction company accused of financial irregularities. The Court's decision to issue notice and call for a verified status report indicates a procedural approach to ensure fair consideration of the bail applications. The emphasis on settlement with investors as a basis for seeking bail reflects the petitioners' efforts to address the allegations and resolve disputes outside the judicial process.