[Amrapali Case] SC Holds Special Hearing on Saturday; Extends Ex-CMD Anil Kumar Sharma’s Interim Bail for Cataract Operation

SUPREME COURT LAW INSIDER

Bhuvana Marni

Published on: October 23, 2022 at 20:17 IST

On Saturday a special hearing led by Chief Justice U U Lalit was set up to hear cases related to the Amrapali home buyers and bail application filed by its promoters.

Along with Chief Justice U Lalit, the bench comprising Justice Bela M Trivedi extended the interim bail granted to Anil Kumar Sharma, ex-CMD of Amrapali Group of Companies for another eight weeks to enable him to undergo an eye operation.

“The interim relief granted to the petitioner shall continue to operate for eight weeks. Let the Operation upon the ‘Left Eye’ of the petitioner be conducted as per the medical advice, as early as possible. The petitioner shall be entitled to have the Operation conducted at Sankara Nehtralaya if so advised,” the order said.

Another interim bail was set to expire on November 7 when former director Shiv Priya was asked to surrender on or before that date.

“Since the medical condition of the daughter of the petitioner has improved, the protection by way of interim bail granted to the petitioner is withdrawn. The petitioner shall surrender before the Court [i.e. the Court of the Chief Metropolitan Magistrate (East), Karkardooma District Courts, Delhi] which had accepted bail bonds according to the order of interim bail granted by this Court, on or before November 7, 2022, and he shall be taken in custody immediately,”  the Court directed.

The Court further clarified that Shiv Priya’s regular bail plea was not before it and that a challenge to the trial court’s rejection of his regular bail application may be brought before the appropriate forum.

“The petitioner may, if advised, take up the challenge insofar as a rejection of bail application in the matter concerning offence under the Act is concerned, at the appropriate level,” the order stated.

Chander Prakash Wadhwa, the former chief financial officer, was denied bail by the bench but was given the liberty to reapply for bail on medical grounds or appeal the earlier High Court judgement refusing bail.

Homebuyers of the Amrapali group of companies filed a petition with the top court in 2017 asking for various reliefs, including compensation and a refund of their money for the delay in possessing their apartments.

Following then, several difficulties have emerged in the case, including the investigation by various agencies into the alleged misappropriation of homebuyers’ money.

The Delhi police were permitted by the Supreme Court in February 2019 to arrest directors of the Amrapali for cheating homeowners.

The top court entrusted the state-run NBCC company and appointed a court receiver for the completion of stalled projects of Amrapali Group.

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