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It was also claimed the whole amount to the tune of Rs 50 crore was usurped by the applicant and other named co-accused persons in collusion with other unknown persons
The Supreme Court has found as "uncalled for" a bid by an applicant seeking anticipatory bail to file a lengthy synopsis of 60-page while challenging a 5-page High Court order and imposed Rs 25,000 cost upon him.
A bench of Justices Abhay S Oka and Pankaj Mithal rejected the application to file such a synopsis and the list of dates while allowing him the advance bail in view of his medical condition.
"In this case, the High Court rejected the prayer for grant of anticipatory bail. There is an application filed by the petitioner for seeking permission to file a lengthy synopsis and list of dates. The impugned order runs into 5 pages. However, the synopsis is of more than 60 pages which was uncalled for in the facts of the case," the bench said.
"Therefore, we reject the application and while we do so, we direct the petitioner to pay costs of Rs 25,000 by way of a donation to any institution carrying out charitable work. A receipt be produced before the next date of hearing," the bench said.
After hearing senior advocate Sidharth Luthra on behalf of the appellant Sandeep Kumar Garg, the court also directed that he should not be arrested in connection with an FIR lodged with Police Station Swarup Nagar, District Kanpur Nagar subject to the condition that he shall always cooperate for investigation.
"We direct the first respondent (UP government) to get the petitioner medically examined from a reputed government hospital for the purposes of ascertaining his present health condition. The petitioner shall co-operate by remaining present in the concerned hospital as and when called upon to do so. A report on his present health condition be produced before the next date," the bench said.
The court issued notice to the state government and fixed the matter for hearing on November 6, 2023.
The FIR lodged in 2018 related to various offences under Sections 406, 409, 420, 467, 468, 471, and 120(B) IPC.
As per allegations in FIR, the applicants and the informant are the directors in MTG Infra Power Private Ltd Company. It was agreed upon by the directors that the said company shall file tenders for contracts in the State departments and the released amount shall be deposited in the joint account of the informant and the named accused persons in the FIR.
It was further alleged that on September 30, 2013, ten tenders were issued in favour of the company, but the applicant and co-accused persons Somendra Mehta and Romendra Mehta committed criminal breach of trust and had deposited the said amount in different account numbers to which the informant was not the authorised signatory.
It was also claimed that the whole amount to the tune of Rs 50 crore was usurped by the applicant and other named co-accused persons in collusion with other unknown persons. They were also alleged to have filed forged documents in the official records and also had filed fake bank guarantees before State Authorities.
In 2016, the applicant and other co-accused purchased two BMW Cars worth Rs 65 lakhs each and another Fortuner Toyota Car worth Rs 35 lakhs in the month of May-June 2018.
Case Title: SANDEEP KUMAR GARG VERSUS THE STATE OF UTTAR PRADESH & ANR
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