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SYNOPSIS
(a) The Petitioner is not a flight risk, and would be available for
facing trial;
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5. The only reason given by the Ld. Single Judge while rejecting
the regular bail is:-
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8. Thirdly,
A) The reference to the two material witnesses (accused) having
being approached to not disclose information is not supported
by any material to show any personal meeting at any given place
or any other form of communication (such as SMS, Email, Letter,
Telephone calls etc.), which could lend any credibility to the
allegation made in the sealed cover.
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11. Sixthly, can the prosecution use the sealed cover procedure
to make an allegation, the substance of which (but not the
details) is not set out in the affidavit filed in response to the bail
petition, thus denying the Petitioner the opportunity to respond
to such allegations and to convince the Court that taken at its
face value, such an allegation has been manufactured to
prejudice the bail application of the Petitioner.
12. Further, the Ld. Single Judge has not appreciated the other
overwhelming considerations/ factors in favour of the Petitioner
for grant of bail, which are as under:-
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j. The FDI of Rs. 305 crores received by INX Media Ltd. (which
is the gravamen of the case) was reported to:
k. Bail is the rule, jail is the exception. Arrest and custody are a
humiliation and social stigma. The prosecution seems to
think that prolonged judicial custody is a punishment they can
impose on the Petitioner. Courts should frown upon the
attempt of the prosecution to use judicial custody as a kind of
pre-trial punishment.
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(emphasis supplied)
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LIST OF DATES
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01.04.1999.
[PG……TO……]
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[PG……TO……]
P-7 [PG……TO……]
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P-8 [PG……TO……]
hours.
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P-11 [PG……TO……]
source’ information.
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[PG……TO……]
[PG……TO……]
P-15 [Pg……to…….]
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Mukherjea.
anticipatory bail.
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P-17 [PG……TO…….]
[Pg……to…….]
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P-19 [Pg…….to…….].
P-20 [Pg……to…….].
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[…]
[Pg……to…….].
P-23 [Pg……to…….].
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Non-Bailable Warrants.
remand.
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[Pg……to…….].
P-29 [Pg……to…….].
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30 [Pg……to…….].
[Pg……to…….].
30.08.2019/
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05.09.2019 respectively.
33 [Pg……to…….].
35 [Pg……to…….].
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explained hereinafter.
P-38 [Pg……to…….].
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2270 of 2019.
40 [Pg……to…….].
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petitioner.
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VERSUS
TO
THE HON’BLE CHIEF JUSTICE OF INDIA
AND HIS OTHER COMPANIONS JUDGES OF
THIS HON’BLE SUPREME COURT OF INDIA.
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the Ld. Single Judge has been pleased to reject the Petition
2. QUESTIONS OF LAW:
the other factors i.e. flight risk and tampering of evidence are
not point out that the Petitioner or any other person at his
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fact that from the date of the FIR dated 15.05.2019 till the
petition?
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of India?
deciding a bail application viz. (i) flight risk; (ii) tampering with
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Para 3?
Petition.
5. GROUNDS :
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the Petitioner.
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to the fact that from the date of the FIR dated 15.05.2019 till
petition
bail application.
G) Because the Ld. Single Judge has not even found that the
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alone.
Ld. Single Judge could not have relied upon any such alleged
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which (but not the details) was not set out in the affidavit filed
convince the High Court that taken at its face value, such an
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16 & 17.
while dealing with the bail application i.e. (i) flight risk, (ii)
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of bail, when even the final report has not been filed. As such,
the Ld. Single Judge has held contrary to his own finding in
show prima facie, for the purposes of grant of bail, that the
reproduced below:
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thereof;
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as under:-
11 years old.
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exchequer.
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Judges)]
public funds were involved in this case and it also not a case
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contrary, Rs. 305 Crore has come into INX Media (i.e. the
wrong.
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Press Note 7 in the instant case and that INX Media does not
untenable.
approval from the FIPB and was granted the same, for the
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for which Press Note 7 was applicable and which stated, that
AA) Because the finding by the Ld. Single Judge in para 56-58
Affairs and that the same was put up by the FIPB and Joint
have drafted the letter. Therefore, the said letter could not
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BB) Because the Ld. Single Judge failed to appreciate that the
FDI of Rs. 305 crores in INX Media Ltd. was reported to:
(DIPP)
CC) Because the Ld. Single Judge failed to appreciate that the
record.
that the Complaints were not sent to the Board and were only
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failed to appreciate:-
Board
represented.
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that the Petitioner has any relation with the said companies
GG) Because the Ld. Single Judge failed to appreciate that there
HH) Because the Ld. Single Judge failed to appreciate that INX
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charge sheet, and was ready to file the same in the trial court,
S. SECTION CBI
NO.
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satisfied.
person.
bailable.
case.
will survive.
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MM) BECAUSE the Ld. Single Judge failed to appreciate that only
Name CBI
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23.03.2018.
Court on 03.08.2018.
NN) BECAUSE the Ld. Single Judge failed to take into account
the fact that Karti Chidambaram had been granted bail in the
and the said Order has been confirmed by this Hon’ble Court
unjust and illegal to deny bail to the Petitioner who has not
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OO) Because the Ld. Single Judge has failed to deal with the
High Court.
a) Petitioner states that the Petitioner has set out all the relevant
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judicial custody.
and the Hon’ble High Court has itself held that there is no
d) That, the Petitioner has deep roots in the society and the
Hon’ble High Court itself has held that the Petitioner is not a
flight risk.
7. MAIN PRAYER
The Petitioner therefore, prays that in the interest of justice
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read with 420 of the Indian Penal Code, 1860 and Section 8
Bureau of Investigation;
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