Supreme Court reserves order in plea challenging bail granted to Neeraj Singal

The Supreme Court today reserved its order in the plea by Central government challenging the Delhi High Court order which had granted interim bail to Neeraj Singal in the Bhushan Steel case..Additional Solicitor General Maninder Singh appeared for the Central Government challenging the order passed by the High Court yesterday..Appearing before the Bench of Justices AM Khanwilkar and DY Chandrachud, Singh submitted that the provisions of the Code of Criminal Procedure will not be attracted when a special law is in place..Citing precedents to that effect pertaining to PMLA, Singh told that a similar scheme has been incorporated in the Companies Act..Singh also questioned the fact that a Habeas Corpus petition was filed instead of a bail application..The Bench remarked that since a similar case is pending before the Supreme Court, the order of the High Court may be stayed and this case can be transferred from High Court and heard along with the case pending in the Supreme Court..The Bench also suggested that the interim protection afforded to Singal could be maintained..Maninder Singh agreed to the said suggestion..Senior Advocate Kapil Sibal appearing for Singal opposed the same..It was his contention that the statutory scheme, in this case, is “entirely different” from PMLA..“Here the proceedings is on a police report which PMLA and other such statutes don’t talk about. And if it is a Police report, Section 164 of CrPC and other provisions have to apply..Your Lordships have held in Mahajan’s case that if investigations result in a police report, CrPC has to apply”, said Sibal..Sibal also opposed the fact that an inspector would be recording 217 statement of Singal..“Under which law in this country is this allowed? I am an accused in judicial custody and an Inspector will record my statement to be used against me. The order should not be stayed because it will seriously prejudice me”, submitted Sibal..Sibal argued that the High Court should be allowed to hear out the case and the Centre could come to the Supreme Court in appeal..“Cases should not be transferred like this. My request is High Court should be allowed to decide the case and they can come here in SLP.”.The Court also heard Senior Advocate Abhishek Manu Singhvi before reserving its order.