Final Order 3

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SPECIAL JUDGE (PC ACT) (ACB)02,
ROUSE AVENUE COURTS, DELHI
Presided by: Jay Thareja, DHJS
Bail Application No.171/2023
State v Deepak Chawla
FIR No.8/2022
PS AntiCorruption Branch
06.09.2023
At 03:00 pm.
Present : None for the State.
Sh. Jitesh Pandey, Sh. Hrishabh Tiwari and Sh. Harsh Sharma, Ld.
Advocates for the accused.
1. This order disposes of an application filed by the accused, Deepak
Chawla under Section 439 of CrPC, 1973, on 22.08.2023, seeking grant of
regular bail, in the instant case.
Facts:
2. The facts necessary for disposal of the instant bail application are
that a writ petition viz. WP(Crl.) No.1112/2022, Auto Parivahan Regd. & Ors. v
Government of NCT of Delhi & Ors. (henceforth 'WP(Crl.) No.1112/2022') was
filed in the Hon'ble High of Delhi by 3 societies, a trade union and individual
petitioners (autorickshaw owners) interalia alleging widespread corruption at
Burari Transport Authority, Delhi qua transfer of autorickshaw permits, resulting
in loss of revenue for the Government of NCT of Delhi (henceforth 'GNCTD') and
harassment/exploitation of autorickshaw owners; that keeping in view the
allegations made by the petitioners of WP(Crl.) No.1112/2022, the Hon'ble High
Court of Delhi had passed an order dated 12.05.2022 in WP(Crl.) No.1112/2022,
interalia directing the GNCTD/Delhi Police to investigate the matter; that said
direction had resulted in the registration of the FIR of this case by the
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investigating agency ('ACB'); that during the investigation of this case, the
investigating agency ('ACB') has found that there is a cap of autorickshaw
permits in Delhi, fixed at 1,00,000; that out of the said 1,00,000 autorickshaw
permits in Delhi, 70% are being traded illegally, on account of nexus between
financiers/dealers of autorickshaws, touts and the officials of Burari Transport
Authority, Delhi; that the effect of the said nexus is such that an autorickshaw,
whose on road price is Rs.2,46,000/, is being sold in Delhi at a price of
Rs.6,30,000/ and no ordinary person/autorickshaw owner is able to get anything
done at the Burari Transport Authority, Delhi, without going through the nexus of
financiers/dealers/tout/government officials of Burari Transport Authority, Delhi;
that during the investigation of this case, the investigating agency ('ACB') has
further found that the financiers/dealers of autorickshaws, touts and the officials
of Burari Transport Authority, Delhi, have grossly misused the faceless scheme
introduced by the GNCTD during the Covid19 epidemic and managed illegal
transfer of thousands of autorickshaw permits, including transfer of auto
rickshaw permits of dead and untraceable persons, resulting in huge loss of
revenue to the GNCTD as well as massive exploitation/harassment of owners of
autorickshaws in Delhi; that in pursuance of the findings made during the
investigation of this case, the investigating agency ('ACB') has arrested 9
financiers/dealers of autorickshaws, 4 touts of Burari Transport Authority, Delhi,
one government official viz. MVI of Burari Transport Authority, Delhi and one
manager of financier/dealer of autorickshaws and that out of the 9
financiers/dealers, arrested by the investigating agency ('ACB'), 7 have already
been granted bail by the Ld. Link Judge, on different dates of August, 2023.
Submissions made at the Bar:
3. During the hearing of the arguments qua the instant bail application,
on 01.09.2023, the Ld. Advocate for the accused had towed the line of arguments
adopted by the Ld. Senior Advocate, appearing for the accused, Anil Sethi and
had submitted that the subject accused viz. Deepak Chawla should be granted
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bail in this case because another accused, Nadeem Ahmad, who is facing graver
allegations in contrast to the subject accused, has been granted bail by the Ld.
Link Judge, on 29.08.2023; because the subject accused is only a
financier/dealer of autorickshaws, who did not have much role to play in the
alleged illegal transfer of autorickshaw permits at the Burari Transport Authority,
Delhi; because the subject accused had repeatedly joined the investigation of this
case till he was arrested, on 29.06.2023 and had duly explained his position to
the investigating agency ('ACB'); because the investigation of this case, where
the investigation agency ('ACB') is proposing to examine more than 5000 transfer
of permits at Burari Transport Authority, Delhi, is likely to take substantial time;
because the subject accused is in no position to hamper the investigation of this
case, which primarily revolves around the documents, already collected by the
investigating agency from Burari Transport Authority, Delhi; because the subject
accused has spent sufficient time in custody since 29.06.2023 and because now,
no useful purpose is likely to be served by keeping the subject accused, in judicial
custody.
4. Per contra, Ld. PP for the State had submitted that the subject
accused should not be granted bail in this case because the subject accused is
one of the lynchpin of this case, who runs illegal business of financing of auto
rickshaws under the name of 'Chawla Motors'; because till now, the investigating
agency has found that the subject accused was involved in illegal transfer of 3
autorickshaw permits; because the investigating agency believes that the subject
accused is directly/indirectly involved in the commission of offence of forgery of
valuable security, punishable as per Section 467 of IPC, 1860 and because it is
likely that upon being enlarged on bail, the subject accused will influence the
autorickshaw owners/public witnesses, who have deposed against him before
the investigating agency and exposed his criminal activities.
Analysis and Conclusion:
5. After considering the aforesaid rival submissions, I find that the bail
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application of the subject accused viz. Deepak Chawla, is liable to be allowed (a)
because another accused, Nadeem Ahmad, who at present, is facing graver
allegations in contrast to the subject accused, has been granted bail by the Ld.
Link Judge, on 29.08.2023 and the Ld. PP for the State has not made any
submission, warranting this Court to deny the ground of parity to the subject
accused; (b) because the stand taken by the investigating agency ('ACB/IO ACP
Jarnail Singh') in this Court during the hearing of the instant bail application as
well as other bail applications, reflects that the investigating agency is
contemplating the examination of more than 5000 transfer of permits at Burari
Transport Authority, Delhi, during the investigating of this case, which exercise,
will take substantial time (presumably years) to complete and the subject
accused, cannot be kept in judicial custody, for such a long time; (c) because the
subject accused, who had duly joined the investigation of this case, prior to being
arrested, on 29.06.2023, does not appear to be at flight risk; (d) because
invocation of Section 467 of IPC, 1860, by the investigating agency, after
registration of FIR of this case, is highly debatable; (e) because the subject
accused has spent sufficient time in custody since 29.06.2023 and (f) because in
the overall facts and circumstances of this case, it appears that now, no useful
purpose is likely to be served by keeping the subject accused, in judicial custody.
6. In view of the aforesaid reasons, the instant bail application filed by
the subject accused viz. Deepak Chawla, is allowed and he is admitted to bail
subject to furnishing of a personal bond and a surety bond in the sum of
Rs.25,000/ and subject to the conditions:
(a) That upon being enlarged on bail, he will not try to
contact or influence, directly or indirectly, any of the
witnesses of present case and shall not tamper with
evidence;
(b) That he will not misuse the liberty of bail by
indulging in commission of similar offences in the
future;
(c) That he will not leave the country without prior
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permission of this Court; and
(d) That in case of change of his residential address, he
will give advance intimation to this Court.
7. Copy of this order shall be given dasti to the Ld. Advocate for the
accused. Another copy of this order shall be sent to the IO for information.
(JAY THAREJA)
Special Judge (PC Act)(ACB)02
Rouse Avenue Courts, Delhi
06.09.2023
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