2019 (11) TMI 1737 - SC - Indian Laws

Seeking grant of Bail - seeking transfer of investigation of all the FIRs to the CBI - HELD THAT - The facts of the case do not warrant such a relief. Similarly, the first part of the alternative relief claimed by the petitioner to consolidate all FIRs, prima facie, in our opinion, do not merit consideration. However, the second part of the alternative relief may require deeper consideration in light of the submissions made across the Bar by both the parties and the learned counsel for the State of Uttar Pradesh and State of NCT of Delhi. It is also noticed from the allegations in all the separate FIRs filed before the concerned Police Stations that the same are virtually similar if not identical or stereo type; and essentially making grievance about the nondelivery of possession of the units to the concerned complainant/allottee(s) including the assured lease rental/assured returns in respect of the concerned units. The other common 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 petitioner is granted bail in respect of all the FIRs in respect of the project by name Grand Venice in NCR, in particular, Mall and Commercial Tower thereof, subject to conditions imposed - application allowed.

Summary

Issues Involved:
1. Grant of bail for multiple FIRs.
2. Stay of proceedings emanating from the concerned FIRs.
3. Transfer of investigation to CBI.
4. Consolidation of FIRs and entrusting the investigation to one agency.

Detailed Analysis:

Grant of Bail for Multiple FIRs:
The petitioner sought bail for various FIRs registered at Police Station Kasna, Gautam Budh Nagar, Greater Noida, Uttar Pradesh, and other locations. The court noted that the petitioner’s bail applications for 17 FIRs had already been rejected by the concerned court. Despite this, the petitioner urged the Supreme Court to grant bail in all FIRs collectively, referencing a similar situation handled by another Bench in Surinder Singh Alagh vs. Union of India & Ors. The court granted interim relief by releasing the petitioner on bail with stringent conditions, including the deposit of Rs. 50 crores, surrendering of passport, and regular reporting to the SIT.

Stay of Proceedings Emanating from the Concerned FIRs:
The petitioner sought a stay on proceedings from the FIRs. The court agreed to stay proceedings for FIRs registered in the State of NCT of Delhi but refused to stay proceedings in Uttar Pradesh, as the investigations there were being conducted by a Special Investigation Team (SIT). The court allowed complainants in Delhi to file their complaints in Uttar Pradesh, where the SIT would handle them.

Transfer of Investigation to CBI:
The petitioner invoked Article 32 of the Constitution, alleging violation of fundamental rights and sought a mandamus directing the CBI to take over the investigation of all FIRs. The court found that the facts did not warrant such a relief and denied the transfer of investigation to the CBI. However, the court acknowledged the need for deeper consideration of consolidating the FIRs under one agency.

Consolidation of FIRs and Entrusting the Investigation to One Agency:
The petitioner alternatively requested the consolidation of all FIRs and entrusting the investigation to one agency. The court found that the first part of this relief did not merit consideration but noted that the second part, involving the transfer of FIRs to one agency in one state, was debatable. The court highlighted that similar allegations were made in the FIRs, primarily concerning non-delivery of possession and financial mismanagement related to the "Grand Venice" project.

Conclusion:
The court granted interim bail to the petitioner under strict conditions and stayed proceedings for FIRs in Delhi, while allowing the SIT in Uttar Pradesh to continue its investigation. The court deferred the final decision on the consolidation of FIRs and the transfer of investigations to one agency, setting a future date for further hearing.