Heard Mr. Manoj Singh, learned counsel for the applicant as well as Mr. S.B. Pandey, Senior Advocate/Assistant Solicitor General assisted by Mr. Shiv P. Shukla, Advocate and perused the record.
The present application under Section 482 Cr.P.C. is filed for extension of the period of interim bail granted on 14.10.2020 by this Court in bail application No.5974 of 2020 (Anil Kumar Sharma Vs. Enforcement Directorate).
Learned counsel for the applicant has submitted that applicant was falsely implicated in the present case. He further submitted that the applicant is one of the Director in the Amrapali Group of Companies and he was arrested by Economic Offences Wing (hereinafter referred as "EOW"), Delhi in F.I.R. No.201 of 2016, P.S. EOW, Delhi and subsequently, he was also implicated in 18 more F.I.R.s. by EOW. He further submitted that the Enforcement Directorate (hereinafter referred as "ED") also registered a case bearing ECIR No.06/PMLA/LKZO/2019, under Sections 3/4 of Prevention of Money Laundering Act, 2002 (hereinafter referred as "PMLA Act") and in connection with the same, he was formerly arrested on 17.01.2020 by the ED (opposite party) when he was in Mandoli Jail, Delhi, wherein the complaint was filed on 16.03.2020 against the applicant before learned Special Judge, PMLA Act, Lucknow.
Learned counsel for the applicant has further submitted that the applicant was diagnosed with uncontrollable 'High Blood Pressure', pain in bilateral inguinal region, blood in urine, complaint of left sided intermittent chest pain and breathlessness etc. He further submitted that as the applicant suffered with multi-system ailments, therefore, seeing his medical condition, Bail Application No.5974 of 2020 was filed before this Court with a prayer for granting interim bail to the applicant and vide order dated 14.10.2020, interim bail was granted to the applicant while considering his medical ground for a period of six weeks on his furnishing a personal bond of Rs.1,00,000/- and two sureties of like amount to the satisfaction of the Special Court (PMLA), Lucknow to get himself treated at AIIMS, New Delhi for his medical treatment. He further submitted that the applicant is still under treatment, therefore, his interim bail granted by this Court on 14.10.2020 in Bail Application No.5974 of 2020 is to be extended in the interest of justice.
Learned A.S.G. has submitted that the present application is not maintainable as the interim bail granted to the applicant by this Court, vide order dated 14.10.2020 in Bail Application No.5974 of 2020 under Section 439 cannot be extended in the present application, which is filed under Section 482 Cr.P.C. He further submitted that by a detailed order, the Bail Application No.5974 of 2020 of the applicant, in which interim bail was granted to him, has been rejected by this Court on 09.12.2020 and the aforesaid rejection order has not been annexed with the present application deliberately. He further submitted that the amount of Rs.6,000/- Crores has been duped by the Amrapali Group of Companies and the applicant is one of the Director in the Amrapali Group of Companies. He also submitted that the home buyers filed petition under Section 32 of the Constitution of India and the cognizance was taken by the Apex Court, which was registered as Writ Petition (C) No.940 of 2017 (Bikram Chatterji and Others Vs. Union of India and Others) and in the aforesaid case, vide order dated 23.07.2019, the Hon'ble Supreme Court directed the ED to make investigation in accordance with law and submit its report quarterly to the Hon'ble Supreme court. He further submitted that the Bail Application No.5974 of 2020 was moved by the applicant under Section 439 Cr.P.C. and interim bail was granted on 14.10.2020 for six weeks, thereafter the aforesaid application was rejected by this Court by a detailed order on 09.12.2020, and no application under Section 482 Cr.P.C. is maintainable for extension of interim bail dated 14.10.2020, therefore, the present application is not maintainable and is liable to dismissed with heavy cost.
Considering the arguments of learned counsel for the applicant as well as learned A.S.G., it is evident that the applicant is the Director in the Amrapali Group of Companies and so many more case have been registered for offences under Sections 406, 409, 420, 120B I.P.C. by the home buyers and the Hon'ble Supreme Court vide order dated 23.07.2019 has observed in para No.148 of Writ Petition (C) No.940 of 2017 that the Directors of Amrapali Group of Companies diverted the money by the creation of dummy companies. Para 148 of the aforesaid judgment of the Hon'ble Supreme Court is reproduced as under:-
"148. It is apparent from the report of the forensic audit submitted by forensic auditors that there is a serious kind of fraud played upon the buyers in active connivance with the officials of the Noida and Greater Noida Authorities and that of the banks. The money of the homebuyers has been diverted. The Directors diverted the money by the creation of dummy companies, realising professional fees, creating bogus bills, selling flats at undervalue price, payment of excessive brokerage, etc. They have obtained investment from J.P. Morgan in violation of the FEMA and FDI norms. The shares were overvalued for making payment to J.P. Morgan. It was adopted as a device for siphoning off the money of the homebuyers to foreign countries. In view of the huge money collected from the buyers and comparable investments made in the projects, there was no necessity to obtain a loan from banks. The amount so obtained was not used in the projects. The mortgage deeds in favour of the banks were not permissible due to non-payment of dues of the Noida and Greater Noida Authorities. The Noida and Greater Noida Authorities issued conditional NOCs to create mortgages subject to payment of dues which were not paid. They issued such NOCs in collusion with builders. It was incumbent upon the bankers also to obtain clear unconditional NOCs which were not obtained and to ensure that the dues were paid to Noida and Greater Noida Authorities. They permitted diversion of money immediately after sanctioning of the loan and also in day-to-day transactions of Amrapali Group of Companies."
It is also evident from the record that a case was registered against the applicant under the provisions of PMLA Act and the complaint was filed before the learned Special Judge, PMLA Act, Lucknow and thereafter, the applicant moved his Bail Application No.5974 of 2020, in which the interim bail was granted by this Court on 14.10.2020. Thereafter, the aforesaid bail application was finally decided on 09.12.2020 and it was rejected on merit after considering all the grounds of applicant. As it is evident that the order dated 09.12.2020 passed in Bail Application No.5974 of 2020 of applicant is not appended with the present application and it is well settled as per the doctrine of merger that the interim order is automatically merged in the final order, and in the present case, the order of interim bail dated 14.10.2020 passed in Bail Application No.5974 of 2020 is merged in the final order dated 09.12.2020 passed in Bail Application No.5974 of 2020, therefore, it is open to the applicant either to move his second bail application under Section 439 Cr.P.C. or challenge the rejection order dated 09.12.2020, but in place of doing so, the present application under Section 482 Cr.P.C. has been moved with a prayer that the interim bail granted by this Court vide order dated 14.10.2020 passed in bail application No.5974 of 2020 be extended for a period of ten weeks, which is not permissible, therefore, the Court is of the view that the present application (U/S 482 Cr.P.C.) of applicant for extension of his interim bail is not maintainable.
Accordingly, the application is misconceived and is, thus, hereby dismissed.
Trial court is directed to proceed in accordance with law.
Office is directed to communicate this order to the trial court for its necessary compliance forthwith.
Order Date :- 12.1.2021 S. Shivhare