Summary
In a pending Article 32 petition concerning multiple Grand Venice project FIRs, the Court decided interim bail and stay requests. It granted conditional bail covering relevant Uttar Pradesh and Delhi cases, stayed proceedings arising from the Delhi FIRs, and permitted the Uttar Pradesh SIT investigation to continue. Transfer of investigation to one State agency remained for further consideration.
Issues
- Whether multiple similar project-related FIRs justified common interim bail and a stay of proceedings.
- What safeguards and limits should apply pending consideration of the substantive investigation-transfer prayer.
Held
- The allegations substantially overlapped and many complainants were common to Uttar Pradesh and Delhi FIRs. In the overall circumstances, including continuing custody despite bail in several cases, interim bail was granted for the relevant existing and future project FIRs within the order’s scope. Allegation merits were not determined. (¶¶ 7, 8, 9, 11, 12)
- Further proceedings on the relevant Delhi FIRs were stayed until further orders because of the overlapping substratum. Uttar Pradesh proceedings were not stayed: the SIT could continue investigation and take over related FIRs within that State; remaining Delhi complainants could approach Kasna police if advised. (¶¶ 13, 14, 15, 16)
- Bail required a prior aggregate Rs 50 crore deposit, separate Rs 5 lakh personal bonds with like surety for each FIR, passport deposit within two weeks, weekly Monday reporting and cooperation with investigation and court proceedings. No similar offence, inducement, threat or evidence tampering was permitted. (¶ 16)
- The petitioner must attempt settlement of claims within the indicated six-to-eight-month period. Intentional breach of conditions, if established before the Supreme Court, would entail forfeiture of at least half the deposited amount. (¶ 16)
- CBI transfer was not warranted on the facts; consolidation did not prima facie merit consideration. Entrusting investigations to one agency in one State raised a debatable question reserved for further hearing. The order disposed only of interim prayers. (¶¶ 1, 3, 17)
Result
Interim prayers disposed of: conditional bail granted, with Rs 50 crore prior deposit and separate bonds, and relevant Delhi FIR proceedings stayed until further orders. Uttar Pradesh SIT proceedings continued. The main writ petition was listed for 15 January 2020; substantive issues remained pending.