9911796707
TMI Blog2022 (3) TMI 1458X X X X Extracts X X X X X X X X Extracts X X X X ..... Investigating Officer did not find it necessary to arrest the accused during the course of investigation. Hence, in terms of the clarification given by the Hon ble Supreme Court, it is not necessary to detain the Applicant in custody pending trial, particularly considering the fact that the trial is not likely to conclude in near future, in view of large pendency of cases. The Applicant who is facing trial in Special Case No.101233 of 2021 pending on the file of Special Judge (CBI), Greater Bombay, is ordered to be released on bail on furnishing PR bond in the sum of Rs. 2,00,000/- with one or two solvent sureties in the like amount - Application allowed. - BAIL APPLICATION NO. 51 OF 2022 - - - Dated:- 25-3-2022 - SMT. ANUJA PRABHUDE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bliss Abode Pvt. Ltd. had entered into a criminal conspiracy to divert the sale proceeds of the property mortgaged with Yes Bank and to cheat the bank for the purpose of obtaining above illegal gratification. It is alleged that Rana Kapoor had obtained illegal gratification in the form of a property in the prime location in New Delhi at much less than the realizable market value. There was principal outstanding of Rs.350 crores to ICICI Bank and Rs.30 crores to DCB Bank against charge of above property in New Delhi. It is alleged that as a part of the conspiracy, Yes Bank sanctioned loan of Rs.400 Crores to M/s. Avantha Reality Ltd. (ARL) as Lease Rental Discounting (LRD) for a period of 10 years. It is alleged that it was essentially a sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and it was held that in such cases on appearance of the accused in Court pursuant to the process issued, bail application to be decided on merits. 6. In subsequent order dated 16/12/2021, the Apex Court has clarified that if during the course of investigation, there has been no cause to arrest the accused, merely because a charge sheet is filed, would not be an ipso facto cause to arrest the petitioner, an aspect in general clarified by us in Criminal Appeal No.838/2021 in Siddharth v/s. State of Uttar Pradesh and anr. dated 16.08.2021 . 7. In the instant case, as noted above, the FIR was registered on 12/03/2020. The Applicant has reported to the Investigating Officer as and when called and co-operated throughout in the Investig ..... X X X X Extracts X X X X X X X X Extracts X X X X
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