Union of India vs. Dhirendra Singh @ Chintu & Ors.

SLP (Crl) No. 5807 – 5811 of 2020

( We are for R3 – Sanjay Sethi )

Impugned Judgement: Rajasthan High Court dt. 12.05.2020 in Criminal Miscellaneous

Bail Application Nos. 3395, 3848, 4036 & 4146 of 2020;
allowing bail applications filed by Dhirendra Singh @ Chintu
(R1), Shyam Sunder Singhvi (R2), Sanjay Sethi (R3), Pushkar
Raj Ameta (R4) & Pankaj Gehlot (R5)
Charges & Allegations: FIR No. 2551/2015 dt. 19.09.2015 against 8 accused under
IPC s.120-B, 409;
PCA s.7, 8, 9, 10, 12, 13(1)(a), (c), (d), & 14;

ECIR No.10/2018 dt. 16.07.2018 - u/s.3 & 4, PMLA

[Other Accused in FIR: Mohd. Sher Khan, Mohd. Rashid

Sheikh, Ashok Singhvi (IAS, Principle Secretary of Dept. of
Mines, Govt. of Rajasthan)]
ACB’s raid at the office of office of R2; seizure of Rs. 2.50 Cr
in cash in possession of R3 & his associate R1; as well as Rs. 5
lakhs in possession R2.
Particular Case: 6 mines of Mohd Sher Khan were closed on ground of unsafe
mining. Sher Khan contact his CA i.e., R2 and bribe amount of
Rs. 2.50 Cr was fixed, withdrawn from different bank accounts
by Mohd. Rashid Sheikh, who was to hand Rs. 2.55 Cr to R2,
retaining 5 lakhs and the rest to be given to R3 & associate R1.
DATE PARTICULARS
16.09.2015 ACB’s raid at R2’s office. Seizure of Rs. 2.50 Cr. in cash in R3’s possession and Rs.
5 lakhs in R2’s possession.
19.09.2015 FIR No. 251/2015 lodged by ACB against total of 8 accused under -
 IPC s.120-B, 409;
 PCA s.7, 8, 9, 10, 12, 13(1)(a), (c), (d), & 14;
04.11.2015 ACB’s Chargesheet before Special Judge, PC Act, Udaipur stating R3 to be
misusing his acquaintance with mining dept. officers and mine holders’ officials’
acting as a tout between the two.
R3’s close association with Dr. Ashok Singhvi (IAS, Principle Secretary of Mining
Dept.)
MO: R3 would point out irregularities in mine holders’ businesses’, allowing
notices to be issued by dept. of mine and their subsequent closure. Thereafter R3
would demand brines upon assurance of re-opening of mines.
19.11.2015 Rajasthan HC’s order granting bail to R1 in predicate offence charged by ACB, in
Crl. Misc. Bail Application No. 10754/2015 & 10619 of 2015
HC grants bail  Petitioners herein – Sher Khan & R1 released upon execution of bail bonds
to Sher Khan & with 2 solvent securities each of Rs. 2 lakhs.
R1 Annexure P/1 - HC Order @ pg. 207
30.11.2015 Based on chargesheet dt. 04.11.2015, ED registered ECIR No. JPZO/10/2015
against 8 accused u/s. 3 & 4 of PMLA; involving criminal proceeds amount to Rs.
2.55 Cr.
Scheduled Offences being s.120-B of IPC & s.7, 8, 9, 10, 12, 13(1)(a), (c), (d) of
PCA.
21.04.2016 Rajasthan HC’s order granting bail to R3, R4 & R5 in charges by ACB, in Crl. Misc.
Bail Application No. 11900/2015
 R3, R4 & R5 released upon execution of bail bonds with 2 solvent securities
of Rs. 2 lakhs each.
Annexure P/2 – HC Order @ pg. 235.
16.07.2018 ED’s Criminal Complaint No. 10/2018 u/s. 45(1) of PMLA before Special Court
(Communal Riots Court)
Annexure P/3 - @ pg. 262
21.01.2019 Special Court’s order in respect of ECIR Complaint by ED. Cognizance of offence
u/s. 3 of PMLA taken by Court against R1. R2, R3, R4, R5, Mohd. Rashid Sheikh &
Tamanna Begum (W/o Lt. Mohd. Sher Khan). Case registered as regular sessions
case.
Issued non-bailable warrants against accused
Annexure P/4 – Order @ pg. 448
Crl. Revision Petition No. 273/2019 filed by R2 among other accused u/s. 70(2)
CrPC against order dt. 21.01.2019
Petition Not on record
19.09.2019 Special Court’s dismissed Revision Petition.
Order not on record
Subsequently,
Crl. Misc. Petition No. 4770/2019 – R4
Crl. Misc. Petition No. 4771/2019 – R5
Crl. Misc. Petition No. 5427/2019 – R2
Crl. Misc. Petition No. 5524/2019 – R1
Filed before Rajasthan HC against Special Court’s dismissal of Revision Petition.
21.09.2019 Special Court’s order forfeiting bail bonds (as granted by HC in Orders dt.
19.11.2015 & 21.04.2016) of accused in predicate offence registered by ACB and
rejecting application seeking exemption from appearing before court.
Not on record
11.10.2019 Special Court dismissed Mohd Rashid sheikh’s application for anticipatory bail
14.10.2019 Special Court dismissed R3’s application for anticipatory bail
03.01.2020 Special Court declared R1, R2, R3 & R5 as absconders u/s. 82 CrPC due to non-
appearance before Special Court.
17.01.2020 Rajasthan HC’s order in Crl. Misc. Bail Petition Nos. 288, 289 & 290 of 2020;
setting aside order dt. 21.09.2019 and 03.01.2020, directing R2, R3 & R5 to appear
before Special Court on 17.02.2020 and dismissing the petitions.
Annexure P/5 – HC Order @ pg. 490
24.01.2020 Rajasthan HC’s common judgement dismissing Crl. Misc. Bail Petitions (against
order dt. 21.01.2019 refusing to convert to bailable warrants) & Crl. Revision
Petitions against order dt. 21.01.2019; upholding Special Court’s order issuance of
non-bailable warrant.)
Held: Offences u/s. 3 is an independent offence and money laundering itself is a
standalone offence
Annexure P/6 – HC Common Judgement @ pg. 500
31.01.2020 Rajasthan HC’s order in Crl. Misc. Bail Petition Nos. 466 & 467 of 2020; setting
 aside order dt. 21.09.2019 and 03.01.2020 and directing R1 & R4 to appear before
Special Court on 17.02.2020
Annexure P/7 – HC Order @ pg. 590
SLP (Crl) No. 784 of 2020 – R2
SLP (Crl) No. 792 of 2020 – R2
SLP (Crl) No. 909 of 2020 – R5
SLP (Crl) No.1003 of 2020 – R4
SLP (Crl) No.1193 of 2020 – R3
SLP (Crl) No.1215 of 2020 – R1
Against Common Judgement 24.01.2020, praying for conversion of non-bailable
warrant to bailable.
03.02.2020 SCs order dismissing R2’s SLP challenging the order dt. 24.01.2020, taking
cognizance in respect of offences u/s.3 & 4 of PCA.
Annexure P/8 – SC Order @ pg. 595
10.02.2020 SC’s order dismissing all abovementioned SLP’s; however temporarily suspended
the non-bailable warrants.
Annexure P/9 – SC Order @ pg. 600
15.02.2020 Special Court’s order dismissing Dr. Ashok Singhvi’s application for anticipatory
bail.
17.02.2020 R2, R4, R5 & R1 appeared before Special Court; however due to non-sitting, Link
Court granted bail in respect of allegations u/PCA. Furthermore, case pertaining to
PMLA posted for hearing on 19.02.2020; accused directed accordingly.
19.02.2020 Special Court heard, and sent R2, R4, R5 & R1 to custody.

Accused filed Bail Applications before Special Court in Sessions Case No. 1/2019
u/s. 439 CrPC.
28.02.2020 Special Court’s order dismissing bail application due to gravity of offence.
Annexure P/10 – Order @ pg. 604
03.03.2020 Rajasthan HC’s order dismissing R3’s Crl. Misc. Bail Application seeking
anticipatory bail.
12.03.2020 SLP(Crl) No. 2224 of 2020 by R3 challenging order dt. 03.03.2020
17.03.2020 R3 surrendered before Special Court

R3 filed application u/s. 439 CrPC in Sessions Case No. 1/2019, seeking bail.
20.03.2020 Special Court’s order rejecting R3’s bail application
Annexure P/11 – Order @ pg. 635
05.03.2020 R2 filed Crl. Misc. Bail Application No. 3395/2020 before Rajasthan HC.
Annexure P/12 – Application @ pg. 692
06.03.2020 Union’s counter affidavit in Crl. Misc. Bail Application No. 3395/2020
Annexure P/13 – Counter Affidavit @ pg. 728
23.03.2020 R3 filed Crl. Misc. Bail Application No. 3848/2020 before Rajasthan HC
Annexure P/14 – Application @ pg. 747
04.04.2020 R4 filed Crl. Misc. Bail Application No. 4036/2020 before Rajasthan HC.
Annexure P/15 – Application @ pg. 790

R5 filed Crl. Misc. Bail Application No. 4037/2020 before Rajasthan HC.
Annexure P/16 – Application @ pg. 825

R1 filed Crl. Misc. Bail Application No. 4146/2020 before Rajasthan HC.
 Annexure P/17 – Application @ pg. 861
20.04.2020 Union’s counter affidavit in R1’s aforementioned bail application
Annexure P/18 – Counter Affidavit @ pg. 897
23.04.2020 Union’s counter affidavit in R4 & R5’s aforementioned bail application
Annexure P/19 – Counter Affidavit @ pg. 938
Annexure P/20 - Counter Affidavit @ pg. 973
28.04.2020 Union’s counter affidavit in R3’s aforementioned bail application
Annexure P/21 – Counter Affidavit @ pg. 1009
Union’s Written submission in R3’s case i.e., Sanjay Sethi vs. Union of India
Annexure P/22 – Written submission @ pg. 1047
12.05.2020 Rajasthan HC’s impugned common judgement allowing respondent’s bail
applications stating as under –
“This court has to see three facts –
(1) running away of accused,
(2) tampering with evidence &
(3) influencing witnesses.
In my view, petitioners are entitled to be released on bail for the reasons –
(a) Petitioner’s non-appearance before special court from 21.01.2020 –
17.02.2020 was due to their pursuit of legal remedy
(b) All documents seizure are either with the Court or with Dept. officers;
therefore no question of tampering,
(c) Dept. has failed to show petitioners attempting too influence witnesses,
(d) Petitioners have been granted bail under Scheduled offences, trial of both
cases is jointly going on; therefore keeping them in custody would serve no
purpose, &
(e) Amount seized by ACB is with FDR, and the same hasn’t bee used by
anyone.
25.09.2020 Present SLP