2022 (5) TMI 1641 - SC - Indian Laws

Seeking grant of bail - Network Marketing Scheme - clubbing of all the FIRs registered in connection with the Network Marketing Scheme in different States - HELD THAT - The FIRs registered subsequently in the State of Telangana and other States (except States of Haryana, Madhya Pradesh and Maharashtra), shall stand clubbed with the stated FIR No.710/2018 and treated as statement under Section 161 of the Code of Criminal Procedure. The investigating officer in criminal case arising from FIR No. 710/2018 will be free to file supplementary charge sheet after collation of all the records concerning other FIRs, which are clubbed in terms of this order. In the event, the Investigating Officer in other FIRs had already filed the Police report under Section 173 of the Code of Criminal Procedure before the concerned Court and the concerned Court had taken cognizance thereof, the said FIRs and criminal cases would also stand transferred and merged/clubbed along with case arising from FIR No. 710/2018, to be proceeded with in accordance with law. The investigating officer in the stated case (Principal case) will be free to file supplementary charge sheet on the basis of material collated during investigation of other FIRs. If any accused has been granted bail in connection with the principal FIR or criminal case arising therefrom, in which the other FIRs/criminal cases will stand clubbed/merged in terms of this order, the bail so granted must enure in his/her favour (of such accused) until the Court of competent jurisdiction cancels the same owing to supervening circumstances including breach of bail conditions. Petition disposed off.

Summary

Issues Involved:
1. Clubbing of FIRs registered in different states.
2. Grant of bail in connection with the Network Marketing Scheme.

Summary:

Issue 1: Clubbing of FIRs registered in different states

In these writ petitions filed u/s Article 32 of the Constitution of India, the principal relief claimed is regarding clubbing of all the FIRs registered in connection with the Network Marketing Scheme in different States. The first FIR was registered in Kukatpally Police Station, District Cyberabad, State of Telangana being FIR No. 710/2018 dated 30.08.2018. FIRs registered in the State of Haryana additionally refer to offences under the Haryana Protection of Interest of Depositors (in Financial Establishment) Act, 2013, to be tried by Special Court(s). Similar provisions apply to the States of Madhya Pradesh and Maharashtra under their respective special enactments.

Following the exposition in Amish Devgan vs. Union of India & Ors. (2021) 1 SCC 1, the Court directed clubbing of all the FIRs for one trial as far as possible, to avoid multiplicity of proceedings. All States agreed to this dispensation. FIR No. 710/2018 dated 30.08.2018 was treated as the principal FIR, and subsequent FIRs in Telangana and other States (except Haryana, Madhya Pradesh, and Maharashtra) were clubbed with it and treated as statements u/s 161 of the Code of Criminal Procedure. The investigating officer in FIR No. 710/2018 can file supplementary charge sheets after collating records from other FIRs.

For States with special enactments, the first FIR in each State was treated as the principal criminal case, and remaining FIRs were clubbed with it. The details of the first FIRs in these States are:
1. FIR No. 358/2018 dated 08.09.2018 in Haryana.
2. FIR No. 198/2019 dated 25.03.2019 in Madhya Pradesh.
3. FIR No. 146/2018 dated 26.11.2018 in Maharashtra.

These FIRs will be tried by Special Courts in their respective States. Offences not part of the special enactment can also be tried by the Special Court under the concerned State Legislation. This direction does not apply to offences under the Prevention of Money Laundering Act, 2002, which will proceed under separate legislation.

Issue 2: Grant of bail in connection with the Network Marketing Scheme

If any accused has been granted bail in connection with the principal FIR or criminal case arising therefrom, the bail will continue in their favor until the Court of competent jurisdiction cancels it due to supervening circumstances or breach of bail conditions. For Maharashtra, where the first FIR is under the Indian Penal Code but subsequent FIRs include offences under the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999, the Special Court at Dhule can insist on fresh bail applications for offences under the special Act, to be decided on their own merits.

The writ petitions are disposed of in these terms, and any pending applications stand disposed of.