TaxTMI 
TaxTMI 
2019 (11) TMI 1737
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.... Ojha, Adv., Mr. Suchi singh, Adv., Ms. Nidhi, AOR, Mr. V.V. Gautam, Adv., Mr. Prashant Kumar Dubey, Adv., Mr. Shree Pal Singh, AOR, Mr. Avinash Sharma, AOR, Mr. Manoj K. Mishra, AOR, Mr. Umesh Dubey, Adv., Mr. Jyoti Mishra, Adv., M/S. V. Maheshwari & Co., AOR, Mr. Sanjay Kumar Tyagi, AOR, Ms. Manju Jetley, AOR, Mrs. Swarupama Chaturvedi, AOR, Mr. Mukush Kumar, Adv., Ms. Aparna Trivedi, Adv., Mr. Ashutosh Mohan, Adv., Mr. Aman Jhan, aDv., Mr. S. K. Verma, AOR, Mr. R.K. Gupta, Adv., Mr. Shagufa Salim, Adv., Mr. Nivesh Kumar, Adv., Mr. Aviral Kapoor, Adv., Mr. Vishal Prasad, AOR, Mr. Shree Prakash Sinha, Adv., Mr. Rakesh Mishra, Adv., Mr. Nawlendra Kumar, Adv., Ms. Marina Wheelar, Adv., Mr. Shekhar Kumar, AOR ORDER 1. By this order, we propose to dispose of the prayer for interim reliefs in terms of prayer clauses (c) and (d) of this writ petition. In terms of prayer clause (c), the petitioner has prayed for grant of bail in respect of FIRs mentioned therein registered at Police Station Kasna, Gautam Budh Nagar, Greater Noida, Uttar Pradesh and Police Station Economic Offences Wing and at Parliament Street, New Delhi and all other FIRs that have been lodged against the petitioner i....
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....NCT of Delhi. Prima facie, the decision pressed into service to oppose even that relief in the case of Narinderjit Singh Sahni & Anr. vs. Union of India & Ors. (2002) 2 SCC 210 does not completely rule out the possibility of entrusting the investigation of all the FIRs to one agency in one State by transfer of FIRs and investigation thereof from one State to another State. That appears to be a debatable issue. Our attention has also been drawn to another three Judge Bench decision in the State of Punjab & Anr. vs. Rajesh Syal (2002) 8 SCC 158. As aforesaid, the second part of the alternative substantive prayer being a debatable issue, can be considered at the appropriate stage. 4. Reverting to the interim relief claimed especially in terms of prayer clause (c), the same reads, thus : " Grant bail to the Petitioner herein in FIR No.140/2019, FIR No.273/2019, FIR No.249/2019, FIR No.275/2019, FIR No.248/2019, FIR No.252/2019, FIR No.274/2019, FIR No.262/2019, FIR No.244/2019, FIR No.276/2019, FIR No.278/2019, FIR No.245/2019, 257/2019, FIR No. FIR No.313/2019, FIR No.309/2019, FIR No.258/2019, FIR No.251/2019, 272/2019 all at P.S. Kasna, Gautam Budh Nagar, Greater Noida, Utt....
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....ommon aspects in the separate FIRs is about the noncompletion of the project as assured and about siphoning of funds raised for the completion of project in question. The common allegation is also about the legality or impropriety in allotment of land to the company by the officials of Uttar Pradesh State Industrial Development Corporation (UPSIDC). The latter allegation, however, is common only in the FIRs registered in the State of Uttar Pradesh. Notably, the investigation of FIRs registered at Police Station Kasna has been entrusted to a Special Investigation Team (SIT) constituted by the State of Uttar Pradesh. To that extent, all the 37 FIRs registered in the State of Uttar Pradesh are being investigated by one agency and that agency has filed charge sheet(s) in almost 28 cases thus far. 8. We have also noticed that out of five cases registered in the State of NCT of Delhi, with similar allegations, 72 out of 91 informants in the Kasna FIRs are also informants in the FIRs registered with the Economic Offences Wing at Delhi. Indeed, the common informants have offered explanation as to the circumstances in which they became party/complainant in the FIRs registered at Kasn....
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....tional Capital Region and within the territorial jurisdiction of Kasna Police Station (State of Uttar Pradesh). Majority of the cases are registered with the said police station and the concerned police station is inviting further complaints from similarly placed aggrieved persons as a result of which new cases are being registered and investigated by the U.P. State constituted SIT. The SIT of the State of Uttar Pradesh is investigating into a new angle which had cropped up during the course of investigation, about the possibility of collusive and collaborative acts of commission and omission of the officials of the UPSIDC. All this is being investigated by the SIT constituted by the State of Uttar Pradesh which, in turn, has filed charge sheet(s) in as many as 28 FIRs thus far. 12. Taking overall view of the matter, therefore, we are inclined to grant interim relief claimed by the petitioner to release him on bail directly by this Court in connection with all the FIRs mentioned in prayer clause (c) and other FIRs that have been or likely to be registered against the petitioner in connection with the project, namely, "Grand Venice", in particular, Mall and Commercial Tower t....
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.... of the prayer clauses (c) and (d) of the writ petition on the following basis : A. The petitioner is granted bail in respect of all the FIRs referred to in prayer clause (c) in respect of the project by name "Grand Venice" in NCR, in particular, Mall and Commercial Tower thereof, on the following conditions: (i) That the petitioner shall not commit any offence of similar type of which he has been accused. (ii) The petitioner shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to denude such person from disclosing such facts to any Police Station or tamper with the evidence. (iii) The petitioner shall join further investigation as and when called upon to do so by the Investigating Officer or by the SIT constituted by the State of Uttar Pradesh. (iv) The petitioner shall deposit his passport with the Registry of this Court within a period of two weeks from today. If it is with the Police Station at Kasna or any Police Station in the State of NCT of Delhi, the concerned Police Station shall cause to deposit petitioner's passport in the Registry of this Court within the same time. (v) The ....