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2023 Supreme(Del) 5358
IN THE HIGH COURT OF DELHI AT NEW DELHI
Swarana Kanta Sharma, J.
Rajeev Jhawar - Appellant
Versus
Central Bureau of Investigation - Respondent
Bail Appln. 1683 of 2022
Decided On : 03-11-2023
Mr. N. Hariharan, Senior Advocate along with Mr. Rajiv Shanker Bhatnagar, Ms. Punya Rekha Angara, Mr. Siddharth Yadav, Mr. Anshuman Mohit Chaturvedi, Mr. Uddeshya Singh, Mr. Prateek Bhalla, Mr. Sharian Mukherji, Mr. Mueed Shah and Ms. Parul Yadav, Advocates, for the Petitioner.
Mr. Jeevesh Nagrath, SPP for CBI along with Mr. Arjun Gaur and Mr. Rajat Gupta, Advocates, for the Respondent.
IMPORTANT POINT
The main legal point established in the judgment is the balancing of the accused's rights with the pending investigation, and the court's directive for the accused to join the investigation within a specified timeframe.
Headnote:
Criminal Conspiracy - Prevention of Corruption Act, Indian Penal Code - Section 13(2), Section 13(1)(d), Section 420, Section 120B - The court discussed the facts of the case involving a conspiracy to influence a CBI investigation and the subsequent legal proceedings under the Prevention of Corruption Act and the Indian Penal Code. The court highlighted the pending investigation against the accused, the filing of chargesheet, and the taking of cognizance, while also considering the accused's failure to join the investigation as ordered by the court.
Fact of the Case:
The case involved a conspiracy to influence a CBI investigation, leading to the filing of a chargesheet and the accused's failure to join the investigation as ordered by the court.
Finding of the Court:
The court found that the accused had not joined the investigation despite multiple opportunities, and the chargesheet had been filed with cognizance taken against the accused. The court balanced the rights of the accused with the pending investigation and directed the accused to join the investigation within ten days, warning that failure to do so would bar the accused from seeking pre-arrest bail in the future.
Issues: The main issue was the accused's failure to join the investigation as ordered by the court, despite the filing of chargesheet and the taking of cognizance against the accused.
Ratio Decidendi: The court balanced the rights of the accused with the pending investigation and directed the accused to join the investigation within ten days, warning that failure to do so would bar the accused from seeking pre-arrest bail in the future.
Final Decision: The court directed the accused to join the investigation within ten days, with a warning that failure to do so would bar the accused from seeking pre-arrest bail in the future.
JUDGMENT
Swarana Kanta Sharma, J.
CRL.M.A. 13598/2022 (for extension of time to comply with the directions issued vide order dated 08.06.2022)
1. The instant application under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of applicant seeking extension of time to comply with the directions issued by this Court vide order dated 08.06.2022 in Bail Application No. 1683/2022.
2. At the outset, this Court deems it necessary to briefly discuss the facts of the present case which are that an information was received by CBI that Sh. N.M.P. Sinha i.e. Ex. SP, CBI, New Delhi, in conspiracy with Sh. Vinay Jalan, Sh. Parth Jalan, Sh. Rajiv Jhawar (applicant) i.e. M.D. of M/s. Usha Martin Ltd.., Sh. Raj Kumar Kapoor i.e. Authorized Signatory of M/s. Usha Martin Ltd., and other unknown persons were trying to influence the investigation of the case of CBI registered vide RC17(E)/2016 dated 20.09.2016 under Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act and Section 420/120B of Indian Penal Code, 1860,by EO-II Branch, New Delhi against I. D. Paswan, the then Director (Mines), Govt. of Jharkhand, M/s. Usha Martin Ltd. and other unknown persons. The allegations are that Sh. N.M.P. Sinha was the Supervisory Officer of the aforesaid case before his retirement on 31.08.2020, and Sh. Raj Kumar Kapoor was representing M/s. Usha Martin Ltd. on behalf of Sh. Rajiv Jhawar. As alleged, they were actively pursuing the case through Sh. Vinay Jalan who had assured them that he will get the investigation moulded in their favour through his contacts in CBI. On 23.09.2020 Sh. N.M.P. Sinha had met Sh. Vinay Jalan at hotel ITC Mourya, New Delhi for three-four hours and in his presence, Sh. Vinay Jalan had asked his son Parth Jalan to prepare a reply to the summons issued by CBI to M/s. Usha Martin Ltd. and asked him to meet Sh. N.M.P. Sinha on his next visit to New Delhi. Sh. N.M.P. Sinha also had conversation with Sh. Parth Jalan. It was informed to CBI that Sh. Vinay Jalan will deliver bribe of Rs. 20 lakhs to Sh. N.M.P. Sinha to get the work done. On the basis of this information, present case was registered vide RC AC- 1/2020/A0004, dated 02.10.2020, at CBI/AC-I, New Delhi under Section 7-A/8/9/10/12 of PC Act, 1988. During investigation, a trap was laid and the accused persons namely Sh. N.M.P. Sinha and Sh. Vinay Kumar Jalan were arrested and an amount of Rs. 25,00,000/- and an amount of Rs. 5,12,000/- was recovered respectively from their possession. After completion of investigation, a chargesheet was filed on 01.12.2020 against accused namely (1) Nripendra Mohan Prasad Sinha @ N.M. P. Sinha, (2) Vinay Kumar Jalan, (3) Rajiv Jhawar, (4) Raj Kumar Kapoor, (5) M/s. Usha Martin Ltd. and (6) Hemant Joshi, under Sections 120B of IPC read with Sections 7/7A/8/9/10/12 of PC Act, 1988 and substantive offences u/s 9 and 12 of PC Act, 1988. After filing of the chargesheet, the present applicant had preferred an anticipatory bail application before the learned Trial Court.
3. The anticipatory bail application filed by the applicant Rajeev Jhawar was dismissed by the learned Trial Court vide order dated 17.05.2022, after which the petitioner had filed the above-captioned bail application bearing no. 1683 of 2022, seeking pre-arrest bail on account of his apprehension of being arrested in RC AC- 1/2020/A0004.
4. By virtue of order dated 02.06.2022 (corrected vide order dated 03.06.2022), this Court had disposed of the bail application filed by the petitioner with the following directions, inter alia, to join investigation on 09.06.2022:
"...4. Considering the rival submissions of the learned counsels for the parties, it is ordered that the petitioner will join investigation on 09.06.2022 at 11.00 a.m. and will present himself before the Investigating Officer (IO)at CBI Headquarter, Delhi. It is also ordered that in the event of his arrest, he will be given 7 (seven) days' prior notice.
5. It is stated by Ms
