A.S. Bopanna JUDGMENT
R. Banumathi, J.
1. Leave granted.
2. This appeal relates to the alleged irregularities in Foreign Investment Promotion Board (FIPB) clearance given to the INX Media for receiving foreign investment to the tune of Rs. 305 crores against approved inflow of Rs. 4.62 crores. The High Court of Delhi rejected the Appellant's plea for anticipatory bail in the case registered by Central Bureau of Investigation (CBI) being RC No. 220/2017-E-0011 Under Section 120B Indian Penal Code read with Section 420 Indian Penal Code, Section 420 Indian Penal Code, Section 8 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. By the impugned order dated 20.08.2019, the High Court also refused to grant anticipatory bail in the case registered by the Enforcement Directorate in ECIR No. 07/HIU/2017 punishable Under Sections 3 and 4 of the Prevention of Money-Laundering Act, 2002.
3. Grievance of the Appellant is that against the impugned order of the High Court, the Appellant tried to get the matter listed in the Supreme Court on 21.08.2019; but the Appellant could not get an urgent hearing in the Supreme Court seeking stay of the impugned order of the High Court. The Appellant was arrested by the CBI on the night of 21.08.2019. Since the Appellant was arrested and remanded to custody in CBI case, in view of the judgment of the Constitution Bench in Shri Gurbaksh Singh Sibbia and Ors. v. State of Punjab MANU/SC/0215/1980 : (1980) 2 SCC 565, the Appellant cannot seek anticipatory bail after he is arrested. Accordingly, SLP (Crl.) No. 7525 of 2019 preferred by the Appellant qua the CBI case was dismissed as infructuous vide order dated 26.08.2019 on the ground that the Appellant has already been arrested and remanded to custody. This Court granted liberty to the Appellant to work out his remedy in accordance with law.
4. On 15.05.2017, CBI registered FIR in RC No. 220/2017-E-0011 Under Section 120B Indian Penal Code read with Section 420 Indian Penal Code, Section 8 and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 against the Accused viz. (i) INX Media through its Director........