Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(SC) 936

SUPREME COURT OF INDIA
Mohan M. Shantanagoudar, R. Subhash Reddy, JJ.
Sandeep Goyal - Appellant
Versus
Union Of India - Respondent
Petition(s) for Special Leave To Appeal (Crl.) No(s). 1803/2020 (Arising Out of Impugned Final Judgment and Order Dated 05-02-2020 in SBCRLMTBA No. 1521/2020 Passed By The High Court of Judicature for Rajasthan At Jaipur)
Decided On : 17-04-2020

Advocates appeared:
Mr. Arvind S. Avhad, AOR, for the Appellant; Mr. K.M. Natrajan, ASG, for the Respondent

Points of law : State shall make endeavour to complete the investigation within three months from today

Headnote:
Criminal Procedure Code,1973 – Anticipatory bail – Convicted - Notice - Impugned Final Judgment and Order - Special Leave - Petitioner is that he has created about fake firms and has committed fraud to tune of amount - Solicitor general submits that investigation is still pending and more number of fake firms created by petitioner are being detected - It is not in dispute that maximum punishment to be imposed on petitioner if convicted is five years - It is also not in dispute that the petitioner has already undergone one year and eight months imprisonment - It is brought to our notice that some of accused are released on bail.
Finding Of the Court :
Investigation is not completed within three months from this day petitioner shall be released on bail by Trial Court by imposing appropriate terms and conditions - If investigation is completed report shall be filed before concerned court - In case investigation is completed and the report is filed within three months from today it is open for petitioner to move trial court for bail if he so chooses - If such an application is filed same shall be considered on its own merits by trial Court.
Result : Petition is disposed of

ORDER

1. The allegation against the petitioner is that he has created about 555 fake firms and has committed fraud to the tune of Rs. 74,00,00,000/- (Rupees seventy four crore only).

2. Mr. K.M. Natraj, learned additional solicitor general, submits that the investigation is still pending and more number of fake firms created by the petitioner are being detected.

3. It is not in dispute that the maximum punishment to be imposed on the petitioner, if convicted, is five years. It is also not in dispute that the petitioner has already undergone one year and eight months imprisonment. It is brought to our notice that some of the accused are released on bail.

4. Be that as it may, having regard to the totality of facts and circumstances, we deem it appropriate to pass the following order:

5. The State shall make endeavour to complete the investigation within three months from today.

6. In case the investigation is not completed within three months from this day, the petitioner shall be released on bail by the Trial Court by imposing appropriate terms and conditions.

7. If the investigation is completed, the report shall be filed before the concerned court. In case, the investigation is completed and the report is filed within three months from today, it is open for the petitioner to move the trial court for bail, if he so chooses. If such an application is filed, the same shall be considered on its own merits by the trial Court.

The special leave petition is disposed of accordingly.

Click Here to Read the rest of this document