May 142012

“While arguing the Anticipatory bail petition, Dil  Jit Singh Ahluwalia, Counsel for Shravan Gupta, MD, Emaar MGF Land Ltd, strongly contended that there is no whisper is in the charge sheet or the supplementary charge sheet with regard to the alleged ED raid or swiss bank account, as brought out by the counsel for the CBI during oral arguments. Thus, apart from the fact that it is impermissible to rake up such issues before the court with the oblique motive of prejudicing the Court, the CBI is resorting to sensationalism. Be it as it may, the allegations are blatantly false and with oblique motives.

Counsel for CBI contended that the main opposition to the application was that the CBI wanted to carry out custodial interrogation of the petitioner. Ahluwalia  argued that custodial interrogation is only possible u/s 167 CrPC. However, if an accused is to be remanded after filing of the charge sheet, as in the circumstances of this case,  it can only be done under section 309 CrPC wherein, there is no provision of custodial interrogation. Hence, there is no provision of law wherein custodial interrogation could be carried out. Infact, even interrogation is not possible and if anticipatory bail be given with the condition that the petitioner submits for interrogation, it is in the interests of purported investigation. Thus, the main ground of opposition is untenable in law. But it show cases the fact that the CBI is  hounding Shravan with arrest, even after filing of the charge sheet, which is impermissible.

Ahluwalia further  assailed the CBI for misrepresenting to the Court that further investigation with regard to Shravan is going on. The supplementary charge sheet says that the same with regard to Shravan Gupta & ” others” is kept open, whereby signaling that investigation is incomplete with regard to all accused, which, if true, would mean that charge sheet could not have been filed.

After the filing of the supplementary charge sheet, what remains is trial. The CBI is stonewalling the efforts of the petitioner to join the process of trial by threatening him with arrest, so that he is declared an absconder.

The purported document, allegedly received from the lap top of Vijay Raghav, on the basis of which the CBI is alleging that consideration was received in cash by Accused 8, is shown to be unreliable and false on the face of the findings of the investigation in the charge sheet

Its a clear case of the CBI witch hunting Shravan Gupta, with the allegations of ED raid, showing the extent they can go to colour the mind of the judge and sensationalise the case.

Speaking to our correspondent, Ahluwalia further clarified that when the said account in HSBC  was opened in 2006 and closed in 2007, how could the alleged cash purportedly received in Jan 2010 from Hyderabad, have gone into the  said account. He further retorted that it is wholly fallacious, to say the least, that any gold or cash was recovered  from Shravan gupta, it having been recovered from other persons. He further wondered whether this statement was made only  with the oblique purpose of creating sensationalism in the media and colour the mind of the Court, as there was not even a whisper of this in the counter filed by the CBI. Resort to such gimmicks by the CBI needs to be depracated in the strongest terms and just shows that they are witch hunting Shravan Gupta so as to ensure that under threat of arrest, they keep him away from the process of the court Ahluwalia said.”

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