The Supreme Court on July 7 granted interim bail to Unitech promoter Sanjay Chandra on ‘humanitarian grounds’ as both his parents have tested positive for novel coronavirus, or COVID-19, and have been hospitalised.
This application for interim bail had been filed by Sanjay Chandra, who is in custody since August 17, 2017. The ground on which interim bail has been sought is that the parents of the applicant, who are 81 years and 78 years of age, respectively, have tested positive for COVID-19, the order noted.
A bench comprising Justices DY Chandrachud and MR Shah directed that Chandra be released on interim bail for 30 days from the date of his actual release.
“We are of the view that a case for grant of interim bail has been made out on humanitarian grounds since both parents of the applicant have tested positive for COVID-19 and having regard to their advanced age,” the Supreme Court order said.
It directed that Chandra be released on interim bail for a period of 30 days subject to the following conditions: “i) The passport of the applicant shall be deposited with the trial court; ii) The applicant shall report on every Sunday before the nearest local police station; iii) The applicant shall furnish bail bonds of Rs 1 lakh to the satisfaction of the trial court; and iv) The applicant shall surrender immediately on expiry of the period of 30 days specified above,” the court order said.
Senior advocate Mukul Rohatgi, appearing for the applicant, had told the bench that Chandra's parents are aged and his father (81) has been shifted to the intensive care unit (ICU). He said Chandra's mother (78) is also hospitalised and interim bail should be granted considering the condition of his parents.
Unitech promoters Sanjay and his brother Ajay are currently lodged in Tihar jail for allegedly siphoning off homebuyers' money.
The apex court had on January 23, 2019, refused to grant bail to the Chandra brothers. It said they had not complied with the October 30, 2017 order which asked them to deposit Rs 750 crore with the court registry by December 31, 2017. The court had directed the trial court to proceed expeditiously in the trial.
The Chandras had sought bail then on the ground that they were complying with the apex court order and had deposited around Rs 481 crore.
The realty firm is facing the wrath of the court in a case related to alleged siphoning of homebuyers' money. The matter pertains to a criminal case lodged in 2015 by 158 home buyers of Unitech projects' -- 'Wild Flower Country' and 'Anthea Project' -- situated in Gurugram.
Providing relief to over 12,000 homebuyers, the top court on January 20 allowed the Centre to take total management control of the realty firm and appoint a new board of nominee directors.
The Supreme Court had in January approved the nomination of seven directors to the board of Unitech, now being run by the government. The board was constituted on January 21.
It had approved the names of members of the board, which include AK Mittal, ex-CMD of National Buildings Construction Corporation (NBCC); Renu Sud Karnad, Chairman of HDFC Credila Finance Service Pvt; Jitu Virwani, CMD of Embassy Group; and Niranjan Hiranandani, Managing Director of Mumbai-based Hiranandani Group.
Media reports on July 7 said that the Unitech board may seek waiver of Rs 5,500 crore interest and penalties charged by Noida Authority, a reduction in the interest rate from banks and sale of some assets to raise funds to complete flats and villas. The completion of 15,000 dwelling units is expected to cost Rs 5,000 crore.
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