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2021 Supreme(SC) 900

SUPREME COURT OF INDIA
A.M. Khanwilkar, Dinesh Maheshwari, JJ.
Vikas Chawla - Appellant
Versus
The State Of Uttar Pradesh & Anr. - Respondents
Criminal Appeal No. 97 of 2021 (Arising out of SLP (Crl.) Nos 6023 of 2020
Decided On : 01-02-2021

Advocates appeared:
Mr. Mukul Rohtagi, Sr. Advocate, Mr. Rakesh Munjal, Sr. Advocate, Mr. Vijay Aggarwal, Advocate, Mr. Mudit Jain, Advocate, Mr. Yugant Sharma, Advocate, Ms. Barkha Rasstogi, Mr. Akbar Siddique, Advocate, , for the Appellant; Mr. S.V. Raju, ASG, Ms. Sairica Raju, Ms. Swarupama Chaturvedi, Mr. Adit Khorana, Mr. Samir Singh Kachwaha, Mr. Arvind Kumar Sharma, Advocate, Mr. Ratnakar Dash, Sr. Advocate, Mr. Adarsh Upadhyay, Advocate, for the Respondent.

Points Of law : Appellant deserves to be released on bail on parity with other co-accused.

Headnote:

Prevention of Corruption Act - Section 13(2) – Indian Penal Code,1860 - Sections 409, 420, 467, 468, 471 and 120-B – Anticipatory Bail - Exception to judgment and order - All other co-accused who were instrumental in involving appellant to enter into transaction of receiving crime money from account of Deewan Housing Finance Limited (for short 'DHFL') as brokerage charges as has been done in case of other brokers are already on bail - Further charge-sheet against appellant has already been filed in and it is not case of prosecution that further investigation qua appellant is still pending.

Finding Of The Court :

Taking overall view of matter in court opinion appellant deserves to be released on bail on parity with other co-accused – Accordingly court direct appellant be released on bail on such terms and conditions as may be imposed by Additional Sessions Judge-Special Judge in Criminal Case.

Result : Appeal is disposed of

ORDER

1. Leave granted.

2. This appeal takes exception to the judgment and order dated 21.09.2020 passed by the High Court of Allahabad, Lucknow Bench in Bail Application No.3817 of 2020, refusing to grant bail to the appellant in connection with FIR No. 540 of 2019 registered against the appellant for offence punishable under Sections 409, 420, 467, 468, 471 and 120-B IPC and Section 13(2) of the Prevention of Corruption Act and later upon transfer of investigation of the crime to CBI, registered as RC0062020A0005 under Sections 409, 420, 467, 468 and 471 IPC.

3. We have heard learned counsel for the parties.

4. It is stated that the appellant is in custody since 07.12.2019.

5. Considering the fact that all other co-accused who were instrumental in involving the appellant to enter into transaction of receiving the crime money from the account of Deewan Housing Finance Limited (for short 'DHFL') as brokerage charges, as has been done in the case of other brokers, are already on bail. Further, the charge-sheet against the appellant has already been filed in March, 2020 and it is not the case of the prosecution that further investigation qua the appellant is still pending.

6. Taking overall view of the matter, in our opinion, the appellant deserves to be released on bail on parity with other co-accused viz. Rajesh Arora, Pankaj Giri, Shyam Kishore Agrawal, Anuj Jain and Ishant Agarwal.

7. Accordingly, we direct the appellant be released on bail on such terms and conditions as may be imposed by the Additional Sessions Judge-Special Judge (PC Act-III), Lucknow in Criminal Case No.370 of 2020.

8. The order of the High Court is set aside and the appeal is disposed of in the above terms. All pending applications are also disposed of.

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