Case Note & Summary
This case arose from multiple FIRs filed by allottees of the 'Grand Venice' project developed by Bhasin Infotech and Infrastructure Private Limited, alleging non-delivery of units, siphoning of funds, and impropriety in land allotment. The petitioner, Satinder Singh Bhasin, then Director of the company, filed a writ petition under Article 32 of the Constitution seeking consolidation of all FIRs and bail. By order dated 06.11.2019, the Supreme Court granted interim bail subject to several conditions, including deposit of Rs 50 crores with the Registry, furnishing personal bonds and sureties, a prohibition on committing similar offences, and an undertaking to settle claims of all complainants within six to eight months. The Court also directed that failure to abide by the conditions would lead to forfeiture of 50% of the deposited amount. Subsequently, on 25.11.2019, the Court modified the surety condition but declined to waive the deposit requirement. Mediation was initiated at the Delhi High Court Mediation Centre, and all parties were permitted to participate. The petitioner undertook to conclude mediation at the earliest. On 20.08.2020, the Court recorded the petitioner's willingness to offer possession and execute necessary agreements. On 12.05.2022, exercising power under Article 142 and following the principle in Amish Devgan v. Union of India, the Court consolidated all 46 FIRs into the principal FIR No. 353/2015. The present miscellaneous applications were filed by allottees seeking cancellation of bail, citing violations of conditions including non-deposit of Rs 50 crores, incomplete construction, failure to settle, and commission of similar offences. The judgment excerpt provided does not contain the final decision on the cancellation applications; only the consolidation order and earlier procedural history are included. The Court's ultimate ruling on bail cancellation is not available in the supplied text.
Headnote
A) Criminal Law - Bail Conditions - Bail granted subject to deposit of Rs 50 crores, furnishing bonds, and settlement with complainants - Code of Criminal Procedure, 1973, Constitution of India, Article 32 - The Supreme Court, while granting bail to the director of a company facing multiple FIRs by homebuyers, imposed stringent conditions including deposit of Rs 50 crores and settlement with allottees to protect homebuyer interests and ensure compliance (Paras 3-5). B) Criminal Law - Consolidation of FIRs - Multiple FIRs consolidated into principal FIR under Article 142 - Constitution of India, Article 142 - The Court, applying the principle from Amish Devgan v. Union of India, consolidated 41 FIRs in Uttar Pradesh and 5 in Delhi to prevent multiplicity of proceedings and conflicting decisions (Para 8). C) Civil Law - Mediation in Settlement - Direction to parties to pursue settlement through Delhi High Court Mediation Centre - Code of Civil Procedure, 1908 - The Court clarified that Condition (viii) included permitting all parties to engage in mediation to resolve disputes inter se, facilitating resolution of allottee claims (Paras 6-7).
Issue of Consideration
Whether the bail granted to the petitioner should be cancelled on account of alleged violations of the conditions imposed, particularly Condition (vi) (deposit of Rs 50 crores) and Condition (viii) (settlement with allottees)?
Law Points
- Grant of bail on conditions
- Consolidation of FIRs under Article 142
- Cancellation of bail for violation of conditions
- Forfeiture of deposited amount
- Settlement with complainants
- Mediation
- Interim bail
