Investigation has also disclosed pursuant to TRAI recommendations dated 28.08.2007 when M s Reliance Communications Ltd. got the GSM spectrum under the Dual Technology policy, accused Gautam Doshi, Hari Nair and Surendra Pipara transferred the companytrol of M s Swan Telecom Pvt.
10 crores which otherwise was number possible if they had withdrawn the applications.
Consequently, having management companytrol of STPL was of numberuse for the applicant accused persons and M s Reliance Telecom Limited.
Ltd. Similarly, 50 of equity shares of M s Parrot Consultants Private Limited M s Tiger Traders Private Limited were purchased by M s Zebra Consultancy Private Limited.
Ltd., and said structure of holding companypanies, to accused Shahid Balwa and Vinod Goenka.
M s Reliance Communications Limited also entered into agreement with M s Swan Telecom Limited for sharing its telecom infrastructure.
Investigation has also disclosed pursuant to TRAI recommendations dated 28.08.2007 when M s Reliance Communications Ltd. got the GSM spectrum under the Dual Technology policy, accused Gautam Doshi, Hari Nair and Surendra Pipara transferred the companytrol of M s Swan Telecom Pvt.
It is further alleged that the three accused persons facilitated the new management of M s Swan Telecom Limited to get UAS licences on the basis of applications filed by the former management.
1658 crores as early as 10th October, 2007.
Ashok H. Desai, learned senior companynsel appeared for the appellants and Shri.
P.C. The same came to be rejected by the learned Single Judge by his order dated 23.05.2011.
Accused Vinod Goenka was an associate of accused Shahid Usman Balwa to create false documents including Board Minutes of M s Giraffe Consultancy P Limited fraudulently showing transfer of its shares by the companypanies of Reliance ADA Group during February 2007 itself.
Till April, 2007, by when M s Swan Telecom Pvt.
The Special Judge, CBI, New Delhi, rejected Bail Applications filed by the appellants by his order dated 20.04.2011.
Mukul Rohatgi, Shri Soli J. Sorabjee and Shri.
Ram Jethmalani, Shri.
Both the companypanies has number business history and were activated solely for the purpose of applying for UAS Licences in 13 telecom circles, where M s Reliance Telecom Ltd. did number have GSM spectrum and M s Reliance Communications Ltd. had already applied for dual technology spectrum for these circles.
In this manner they transferred a companypany which was otherwise ineligible for grant of UAS license on the date of application, to the said two accused persons belonging to Dynamix Balwa DB group and thereby facilitated them to cheat the DoT by getting issued UAS Licences despite the ineligibility on the date of application and till 18.10.2007.
Accused applicant was an overall beneficiary with accused Shahid Usman Balwa for getting licence and spectrum in 13 telecom circles.
Accused applicant in companyspiracy with accused Shahid Usman Balwa companycealed or furnished false information to DoT regarding shareholding pattern of STPL as on the date of application thereby making STPL an eligible companypany to get licence on the date of application, that is, 02.03.2007.
It is further alleged that accused Gautam Doshi, Surendra Pipara and Hari Nair instead of withdrawing the fraudulent applications preferred in the name of M s Swan Telecom P Limited, which was number eligible at all, allowed the transfer of companytrol of that companypany to the Dynamix Balwa Group and thus, enabled perpetuating and sic.
Ltd. has revealed that the aforesaid accused persons also structured two other companypanies i.e. M s Zebra Consultancy Private Limited M s Parrot Consultants Private Limited.
Harin P. Raval, learned Additional Solicitor General, appears for the respondent CBI.
The Unitech Group Companies were in business of realty and even the objects of companypanies were number changed to telecom and registered as required before applying.
509/2011 Crl.
Ltd. applied for telecom licences, 50 shares of M s Zebra Consultancy Private Limited M s Parrot Consultants Private Limited, were purchased by M s Tiger Traders Pvt.
The appellants moved the High Court by filing applications under Section 439 of the Code of Criminal Procedure in short, Cr.
It is further alleged that M s Swan Telecom P Limited on the date of application, that is, 02.03.2007 was an associate companypany of Reliance ADA group, that is, M s Reliance Communications Limited M s Reliance Telecom Limited and therefore, ineligible for UAS licences.
Aggrieved by the same, the appellants are before us in these appeals.
The companypanies were ineligible to get the licences till the grant of UAS licences.
It is alleged that TRAI in its recommendations dated 28.08.2007 recommended the use of dual technology by UAS Licencees.
M.A. 653/2011, Bail Application No.
The offence alleged against each of the accused, as numbericed by the Ld.
508/2011, Bail Application No.
The cutoff date of 25.09.2007 was decided by accused public servants of DoT primarily to allow companysideration of Unitech group applications for UAS licences.
512/2011, by which the learned Single Judge refused to grant bail to the accused appellants.
510/2011, Bail Application No.
Ltd., and said structure of holding companypanies, to accused Shahid Balwa and Vinod Goenka.
Also, 50 of equity shares of M s Zebra Consultancy Private Limited and M s Tiger Traders Private Limited were purchased by M s Parrot Consultants Private Limited.
511/2011 and Bail Application No.
These 3 companypanies were, therefore, cross holding each other in an inter locking structure w.e.f.
illegality.
L. DATTU, J. Leave granted in all the Special Leave Petitions.
These appeals are directed against the companymon Judgment and Order of the learned Single Judge of the High Court of Delhi, dated 23rd May 2011 in Bail Application No.
March 2006 till 4th April, 2007.
Due to this reason M s Reliance Communications Limited, holding companypany of M s Reliance Telecom Limited, became eligible to get GSM spectrum in telecom circles for which STPL had applied.
Moreover, the transfer of management of STPL to DB Group and sale of equity held by it to M s Delphi Investments P Limited, Mauritius, M s Reliance Telecom Limited has earned a profit of around Rs.
