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TMI Blog2019 (4) TMI 1854X X X X Extracts X X X X X X X X Extracts X X X X ..... he petitioner also states that the bail applications of the petitioner are pending since long and that the other co-accused has been released. As regards the apprehension of the petitioner being infected by Covid-19 pandemic, it may be noted that the petitioner is lodged in separate cell with only two other prisoners and thus, is not in a Barrack or dormitory where there are number of prisons. It is not the case of the petitioner that any of the two inmates residing with him are suffering from Covid-19 pandemic. Hence, the apprehension of the petitioner also because of the vulnerable age and overcrowding in jail that he is likely to contact Covid-19 which may be detrimental to his health, is unfounded. As regards the other co-accused having been released as noted above in the arguments of the learned counsel for the CBI and Enforcement Directorate, Rajiv Saxena and Sushen Mohan Gupta have not been charge sheeted as accused in the CBI case and not arrested till date by the CBI - As regards Sushen Mohan Gupta is concerned, the order granting bail to this accused by the learned Special Judge has already been challenged by the Enforcement Directorate before this Court. Further, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been interrogated continuously for 30 days by both CBI and Enforcement Directorate after his extradition on 4th December, 2018. From 5th January, 2019, the petitioner is in judicial custody. Permission for further investigation was granted by the Special Court, which is going on since last three years whereafter CBI is intending to file the supplementary charge sheet. The petitioner is in custody for more than now 16 months. All the accused persons including main accused namely S.P.Tyagi, who were arrested before and after petitioner s arrest, have been released on bail by the Special Court. Learned counsel for the petitioner further submits that Rajiv Saxena, an accused, who is equally involved in the money laundering charges and was extradited being at par with the petitioner, was granted bail within 60 days and another accused Sushen Mohan Gupta, a U.S. citizen was granted bail immediately. Special Court rejected bail application of the petitioner on two counts i.e. firstly, that the petitioner does not have deep rooted connections in India and secondly, there is a flight risk. Learned counsel for the petitioner relies upon the judgment of the Supreme Court in Baba Vs. State ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onstituted under the Chairpersonship of Hon ble Ms. Justice Hima Kohli has specifically excluded cases of foreign national, prisoners involved in more than one case and cases under PMLA. Thus, the petitioner is not entitled to be released pursuant to the suo moto directions of the Hon ble Supreme Court dated 23rd March, 2020 as he does not follow these three criterias. Even on merits, the petitioner is not entitled to bail for the reason, the petitioner did not join investigation anywhere and after a long drawn extradition process, was extradited from Dubai. As a matter of fact, petitioner had landed in India at the Airport at Delhi on 12th February, 2013 when in the proceedings at Italy, the officials of Agusta Westland were arrested at Italy, however, the petitioner again boarded a flight for Dubai and left India. The petitioner has not been staying in United Kingdom for the last 6-7 years though he is a British National. The impugned order passed by the learned Trial Judge challenging whereby the petitioner seeks regular bail, notes that the petitioner has never joined investigation in Italy, hence, the acquittal of the other accused during trial at Italy has no meaning qua the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exonerated, deserves to be rejected for the reason, the petitioner never joined the investigation at Italy and hence, his case has been kept separately. One of the ground for grant of bail to Rajiv Saxena besides being an approver was also the fact that Rajiv Saxena was suffering from Cancer and thus, on medical grounds, he was granted bail. Further, there is no likelihood of Rajiv Saxena not being available during the trial and he was not a flight risk. As regards the bail granted to Sushen Mohan Gupta by the learned Trial Court is concerned, the said order has been challenged by the Enforcement Directorate by filing a petition before this Court, which is still pending. 6. A perusal of the record would reveal that the petitioner filed Bail Appln. No. 2715/2019 seeking regular bail in R.C. 2017/2013 A 003 dated 12th March, 2013 under Sections 420 IPC and Sections 7 and 13 of P.C. Act. Bail Appln. No. 2716/2019 was filed seeking bail in the corresponding ECIR record by the Enforcement Directorate. The regular bail applications of the petitioner were being heard by the Roster Bench. However, the hearing could not be concluded when the Lock Down due to Covid-19 pandemic was initia ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... State/Union Territory shall constitute a High Powered Committee comprising of (i) Chairman of the State Legal Services Committee, (ii) the Principal Secretary (Home/Prison) by whatever designation is known as, (ii) Director General of Prison(s), to determine which class of prisoners can be released on parole or an interim bail for such period as may be thought appropriate. For instance, the State/Union Territory could consider the release of 77 prisoners who have been convicted or are undertrial for offences for which prescribed punishment is up to 7 years or less, with or without fine and the prisoner has been convicted for a lesser number of years than the maximum. It is made clear that we leave it open for the High Powered Committee to determine the category of prisoners who should be released as aforesaid, depending upon the nature of offence, the number of years to which he or she has been sentenced or the severity of the offence with which he/she is charged with and is facing trial or any other relevant factor, which the Committee may consider appropriate. The Undertrial Review Committee contemplated by this Court In re Inhuman Conditions i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bail applications of the petitioner are pending since long and that the other co-accused has been released. As regards the other co-accused having been released as noted above in the arguments of the learned counsel for the CBI and Enforcement Directorate, Rajiv Saxena and Sushen Mohan Gupta have not been charge sheeted as accused in the CBI case and not arrested till date by the CBI. They have been arrested by the Enforcement Directorate. Rajiv Saxena has turned as an approver and for this reason and also the fact that he was undergoing treatment for Cancer, he was granted regular bail by the learned Special Judge. As regards Sushen Mohan Gupta is concerned, the order granting bail to this accused by the learned Special Judge has already been challenged by the Enforcement Directorate before this Court. Further, though Rajiv Saxena was deported, he has roots in India and thus the learned Special Judge held that there was no apprehension of his fleeing away from justice and was not a flight risk. Further, Sushen Mohan Gupta though a foreign national also has roots in India and in any case, order granting bail to him is under challenge before the Court. As regards the petitioner is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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