TaxTMI 
TaxTMI 
TaxTMI 
2021 (3) TMI 1235
X X X X Extracts X X X X
X X X X Extracts X X X X
....e Respondent : Mr. N. Venkataraman, ASG, Ms. Anubha Agrawal, AOR, Ms. Madhavi Divan, ASG, Ms. Aishwarya Bhati, ASG, Mr. K.M. Nataraj, ASG, Ms. Shraddha Deshmukh, Adv., Mr. Chinmayee Chandra, Adv., Mr. M.K. Maroria, Adv., Mr. B.V. Balramdas AOR, Mr. A. K. Sharma AOR, Mr. Shekhar Vyas, Adv., Ms. Praveena Gautam, Adv., Mrs. Anil Katiyar, AOR, Ms. Suhashini Sen, Adv., Mr. T.A. Khan, Adv., Mr. Anish Kumar Gupta, Adv., Mr. B. Krishna Prasad, AOR, Mr. Raj Bahadur Yadav, Adv., Mr. Ayush Puri, Adv., Mr S.C. Dharmadhikari, Sr. Adv., Mr Aniruddha Joshi, Adv., Ms Jasmine Damkewala, AOR, Ms Vaishali Sharma, Adv., Mr. Dinesh Chander Trehan, Adv., Ms Maninder Acharya, Sr Adv., Mr Siddhartha Barua, Adv., Ms Aditi Gupta, Adv., Ms Jasmine Damkewala, AOR, Ms Vaishali Sharma, Adv., Mr. Dinesh Chander Trehan, Adv., Mr. Parag Tripathi, Sr. Adv., Mr. Kartik Yadav, Adv., Mr. Parinay Vasandani, Adv., Mr. Manhar Singh Saini, Adv., Ms. Mishika Bajpai, Adv., M/s DSK Legal, Mr. Sanpreet Singh Ajmani, Adv., Mr. Varun Mishra, Adv., Ms. Tanvi Dubey, Adv., Ms. Manju Jetley, AOR, Mr. Anil Grover, Sr AAG, Mr. Satish Kumar, Adv., Mr. Sanjeev Prakash Upadhyaya, Adv., Mr. Amit Gupta, Adv., Mr. Sanjay Kumar Visen, AOR, ....
X X X X Extracts X X X X
X X X X Extracts X X X X
...., AOR, Mr. D. Abhinav Rao, AOR, Mr. Pukhrambam Ramesh Kumar, AOR, Ms. Charu Mathur, AOR, Mr. Abhinav Shrivastava, AOR, Ms. Jaikriti S. Jadeja, AOR, Mr. Rajat Sehgal, AOR, Ms. Mandavya Kapoor, Adv., Mr. Arjun Singh Bhati, AOR, Mr. Amit Sharma, AOR, Mr. U.A. Rana, Advocate, Mr. Himanshu Mehta, Advocate, M/S. Gagrat and Co, AOR, Mr. Ravindra Kumar, AOR, Mr. Sanjay Bhatt, Adv., Ms. Niharika Sharma, Adv., Mr. Joydeep Mukherjee, Adv., Ms. Akansha Srivastava, Adv., Mr. Rabin Majumder, AoR., Mr. Rajeev Singh, AOR, Mr. Akshat Shrivastava, AOR, Mr. Shashibhushan P. Adgaonkar, AOR, Ms. Soumya Dutta, AOR, Mr. Gyan Prakash Srivastava, AOR, Mr. M. Yogesh Kanna, AOR, Mr. Vivek Gupta, AOR, Mr. Mandeep Singh Vinaik, Adv., Ms. Shagun Matta, AOR, Mr. Deepak Bashta, Adv., Ms. Shobha Gupta, AOR, Ms. Medha Garg, Adv., Mr. Ravindra Bana, AOR, Mr. Siddhartha Jha, AOR, Mr. Ashwani Kumar Dubey, AOR, Mr. Ashwini Kumar Upadhyay, Adv., Mr. Chandra Shekhar Mishra, Adv., Mr. Manish Kumar, Adv., Mr. Sandeep Mishra, Adv., Mr. Prashant Kumar Umrao, Adv., Mr. Gopal Jha, AOR, M/S. Cyril Amarchand Mangaldas, Mr. Gagan Gupta, AOR, Mrs. B. Sunita Rao, AOR, Mr. Nikhil Swami, AOR, Ms. Divya Swami, Adv., Ms. Madhurima Tati....
X X X X Extracts X X X X
X X X X Extracts X X X X
....l, AOR, Ms. Vibha Mahajan, Adv., Ms. Upasana Nath, AOR, Ms. Rashmi Nandakumar, AOR, Mr. Shantanu Krishna, AOR, Mr. Janak Dwarkadas, Sr. Adv., Mr. Chitranshul Sinha, Adv., Mr. Anil Agarwal, Adv., Ms. Sonali Khanna, Adv., Mr. Anshuman Chatuvedi, Adv., Mr. Jaskaran Singh Bhatia, Adv., M/S. Dua Associates, Mr. Ayush Sharma, AOR, Mr. Vaibhav Kumar, AOR, Mr. Aneesh Mittal, AOR, Ms. Tara V. Ganju, Adv., Ms. Jyoti Mendiratta, AOR, Dr. Aman Hingorani, Adv.,Mr. Himanshu Yadav, Adv., Mr. Anirudh Jamwal, Adv., M/S. Hingorani & Associates, Ms. V. Mohana, Senior Advocate, Mr. Kaushik Choudhury, AOR, Mr. Vatsalya Vigya, Adv., Mr. Preshit Vilas Surshe, AOR, Mr. C.S. Vaidyanathan, Sr. Adv., Mr. P.R. Kovilan Poongkuntran, Adv.,Mrs. Geetha Kovilan, AOR, Mr. Abhisth Kumar, AOR, Mr. Vikas Dutta, Adv.,Mr. Shiva Sambyal, Adv., Mr. O. P. Bhadani, AOR, Mr. Aniruddha P. Mayee, AOR, Dr. Vinod Kumar Tewari, AOR, Ms. Upasana Nath, AOR, Mr. Atul Kumar, AOR, Mr. Sonal Jain, AOR, Mr. E. C. Agrawala, AOR, Mr. Arvind Gupta, AOR, Mr. Rabindra Tiwary, Adv., Mr. Pran Krishna Jana, Adv., Mr. Vipin Kumar, Adv., Mr. Vivek Bhojajka, Adv., Mr. Ritin Rai, Sr. Adv., Mr. Rajshekhar Rao, Adv., Ms. Liz Mathew, AOR, Ms. Zehra Kh....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rju Chaudhary, Adv., Mr. Kumar Dushyant Singh, AOR, Mr. Nikilesh Ramachandran, AOR, Mr. Shashank Manish, AOR, Ms. Nidhi Sahay, Adv., Mr. Yash Kumar, Adv., Mr. Nakul Mohta, Adv., Ms. Misha Rohatgi, AOR, Mr. Devansh Srivastava, Adv., Mr. Karan Valecha, Adv., Mr. Shashi Bhushan P Adganokar, AOR, Mr. Sanjeev Sen, Sr. Adv., Mr. Vipin Kumar Jai, AOR, Mr. Sanjay Kumar Tyagi, AOR, Mr. Manish Shankar Srivastava, Adv, Mr. Vivek Srivastava, Adv.,Mr. Abhishek Kumar Singh, AOR, Mr. V. K. Monga, AOR, Mr. Dileep Poolakkot, Adv., Mr. Harshad V. Hameed, AOR, Mrs. Ashly Harshad, Adv., Ms. Vibha Datta Makhija, Sr. Adv., Mr. Shariq Ahmed, Adv., Mr. Tariq Ahmed, Adv., Mr. Praveen Gaurav, Adv., Mr. Karan Mamgain, Adv., Mr. Saju Jakob, Adv., Mr. Sunil Kumar Verma, AOR, Mr. Ashish Virmani, AOR, Mr. Sumit R. Sharma, AOR, Dr. Lalit Bhasin, Adv., Ms. Nina Gupta, Adv., Mr. P. V. Yogeswaran, AOR, Mr. Milind Kumar, AOR, Mr. Gopal Shankarnayan, Sr. Adv., Mr. Awanish Kumar, Adv., Mr. Shiv Pandey, Adv., Mr. Chandrashekhar Chakalabbi, Adv., Mr. Anshul Rai, Adv., Mr. Gopal Sankaranarayanan, Sr. Adv., Mr. Mayank Grover, Adv., Ms. Gurleen Kaur, Adv., Mr. Jamnesh Kumar, Adv., Mr. Himanshu Shekhar, AOR, Mr. Huzefa Ahmad....
X X X X Extracts X X X X
X X X X Extracts X X X X
....posit a sum of Rs. 750 crores in the Registry of this Court by 31 December 2017. Subsequently, on 30 August 2018 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: "(i) By the order of this Court dated 30 October, 2017, the applicants were, admitted to bail albeit on the condition that they must deposit an amount of Rs. 750 crores; (ii) Presently, the amount which has been deposited in the Registry of this Court is in excess of Rs. 750 crores; and (iii) The applicants have had to suffer incarceration for a period of nearly three years despite the order enlarging them on bail, subject to conditions, as a result of their failure to meet the condition of deposit." 4 The above submissions were not accepted by this Court....
X X X X Extracts X X X X
X X X X Extracts X X X X
....he passing of the order dated 30 October 2017, significant events have taken place. This Court had directed a forensic audit to be conducted by M/s Grant Thornton. The report of M/s Grant Thornton was considered in a detailed order of this Court dated 18 December 2019. Since the observations contained in the report of M/s Grant Thornton have already been dealt with in the order dated 18 December 2019, it is not necessary to reproduce them again in the present order. It would suffice to note that it was as a result of the findings in the forensic report that this Court issued directions for the taking over of the management of Unitech Limited by a Board which has since been constituted by the Union of India. By the order of this Court, a direction was issued to the Union of India to ensure that all aspects which were adverted to in the forensic report should be investigated by the competent agencies of the Union of India, including in regard to the aspect of money laundering. Serious findings about siphoning of funds to offshore locations and in regard to the misdemeanour of the erstwhile management have been made in the report of the forensic auditors." 6 It may be noted at this s....
X X X X Extracts X X X X
X X X X Extracts X X X X
....plicant has already spent 45 months (close to four years) in prison and the mandate of Sec. 436A Cr.P.C. (g) The charge sheet is voluminous running in thousands of pages having around more than 244 witnesses. (h) The limited functioning of the Court due to Covid-19 due to which the trial would take enormous time to conclude. (i) Applicant/accused having been released on bail in other cases and complying the conditions. (j) The passport of the accused is already surrendered." 8 Prima facie, at this stage, we are of the view that the manner in which the accused were granted liberty by the Delhi High Court to move the Metropolitan Magistrate for the grant of bail and the order of the Metropolitan Magistrate are a shocking exercise of judicial power and a breach of judicial discipline. In the order of this Court dated 14 August 2020, the specific submission which was considered was that the order subject to which interim bail had been granted on 30 October 2017 had been complied with by the deposit of Rs. 750 crores. There are specific findings in the order of this court that the deposit of Rs. 750 cores was directed by Mr Sanjay Chandra and Mr Ajay Chandra and the amount whic....