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The Supreme Court today has directed the Allahabad High Court to take up an interim bail plea of Rudra Group promoter Mukesh Khurana which is being sought on medical grounds within one week. 

Vacation bench of Justice Indira Banerjee and Justice MR Shah while taking note of the order passed by the High Court judge wherein Mukesh’s bail plea could only be heard by a particular judge being part heard have observed that, 

 “We direct the application for interim bail to be heard by HC within the week from today. If the bench is not available, let the matter be heard by another bench.” 

Senior Advocate Shyam Divan appearing for Mukesh Khurana while apprising the court about Khurana’s medical condition submitted that Khurana had suffered a heart attack earlier and as per the medical reports there was a possibility of him suffering the same again. He further submitted that Khurana suffered from CoVID too and that the Khurana’s situation which was of life and death was not denied by the State in its affidavit.

Senior Advocate Divan: The medical officer says that there is a possibility of Khurana again suffering from heart attack since he has suffered it earlier. This is a situation of heart attack & covid treatment. Khurana could not be sent for follow up since OPD was not functioning due to CoVID.

Answering Justice MR Shah’s query with respect to the pendency of the application before the Allahabad High Court, Senior Advocate Divan submitted that the matter was listed for June 14, 2021 but got adjourned and the name of the judge who had to take up the interim bail application was not included in the roster for the next week.

Arguing for Khurana to be enlarged on interim bail on medical grounds, Senior Advocate Shyam Divan also submitted that the petitioner was in custody since Nov 4, 2020 and that he had settled with the original complainant by paying a total of approx 27.6 lakh.

Opposing Senior Advocate Shyam Diwan’s submissions, AAG for the State of Uttar Pradesh Vinod Diwakar submitted that he had two objections; 

Firstly, with regards to the maintainability of the plea as there was no legality for the petitioners to approach the Supreme Court as rather than approaching the High Court, the petitioners approached the Supreme Court. His second objection was on the failure on the part of the petitioners to argue the interim bail in High Court on medical grounds. 

Mukesh Khurana, promoter of Rudra Group was arrested for allegedly duping homebuyers after an FIR was registered against him by a home buyer Sunita Singh in relation to Pavo Real Project of M/S Rudra Buildwell Reality Private Limited.

On May 24, 2021, Sessions Court in Gautam Budh Nagar, Noida had rejected Khurana’s interim bail plea which was sought by him on health grounds.

The Court had also taken note of the fact that in terms of the report by the High Powered Committee, Uttar Pradesh, Khurana’s regular bail plea was pending before the Allahabad High Court.

The Supreme Court has although directed the High Court for forthwith hearing of Mukesh Khurana’s interim bail plea but instead of disposing has adjourned the plea to June 29, 2021.

Case Title: Mukesh Khurana Versus State Of Uttar Pradesh| SLP(Crl) No. 3989/2021