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§- s HIGH COURT OF DELHI
BAIL APPLN. 528/2013
RAJ KUMAR MOHATA Petitioner
Through : Mr.Mohit Mathur, Advocate with ' Mr.Shishir Mathur, Advocate, o
BAIL APPLN. 528/2013
RAJ KUMAR MOHATA Petitioner
Through : Mr.Mohit Mathur, Advocate with ' Mr.Shishir Mathur, Advocate, o
VERSUS
STATE Respondent
Through: Mr.M.N.Dudeja, APP.
Mr.Hemant Gupta, Advocate for the complainant.
Through: Mr.M.N.Dudeja, APP.
Mr.Hemant Gupta, Advocate for the complainant.
AND
BAIL APPLN. 530/2013
• "JV
J M IYER Petitioner
Through : Mr.Mohit Mathur, Advocate with Mr.Shishir Mathur, Advocate.
• "JV
J M IYER Petitioner
Through : Mr.Mohit Mathur, Advocate with Mr.Shishir Mathur, Advocate.
VERSUS
STATE THR. PUBLIC PROSECUTOR Respondent
Through: Mr.M.N.Dudeja, APP.
Mr.Hemant Gupta, Advocate for the complainant.
Through: Mr.M.N.Dudeja, APP.
Mr.Hemant Gupta, Advocate for the complainant.
CORAM;
HON'BLE MR. JUSTICE S.P.GARG
13.09.2013 Petitioners seek anticipatory bail in case FIR No. 281/2012 under
Section 420/34 IPC registered at PS Prashant Vihar. The petitioners facilitated execution of contract between the complainant and M/s. Silver
Metal Trading Company Ltd. based in Thailand for supply of 125 MT of steel scrap @ 1900 PMT. The complainant paid USD 30,000/- as advance
BAIL APPLKNos. 528/2013 & 530/2013 page 1 of2
2013:DHC:8195 h on 21.04.2012 and transferred it to Kasikom Bank. Again, on 07.02.2012, he deposited USD 85,505/- in the account of M/s. Silver Metal Trading
Company. It appears that the transaction did not materialise. The complainant neither received the consignment nor got his money back. It is not in dispute that petitioners as agents had procured the said contract for the complainant. The complainant had visited Thailand to inspect the material.
Efforts were made by the petitioners to get the deal through but in vain. For the default in the execution of the contract, prima facie, the petitioners cannot be held responsible as no money was transferred in their accounts and they are not beneficiaries. They have joined the investigation. Custodial interrogation of the petitioners is not required as the documentary evidence is already available.
Taking into consideration all these facts and circumstances of the case, the petitioners are admitted to anticipatory bail and in the event oftheir arrest they be released on furnishing personal bond in the sum of ? One lac
^ with one surety, each in the like amount to the satisfaction of the
SHO/Investigating officer. They shall however join the investigation as and when required.
The bail applications stand disposed of.
\GARG,J SEPTEMBER 13,2013/tr BAIL APPLKNos. 528/2013 & 530/2013 page 2 of2
2013:DHC:8195
13.09.2013 Petitioners seek anticipatory bail in case FIR No. 281/2012 under
Section 420/34 IPC registered at PS Prashant Vihar. The petitioners facilitated execution of contract between the complainant and M/s. Silver
Metal Trading Company Ltd. based in Thailand for supply of 125 MT of steel scrap @ 1900 PMT. The complainant paid USD 30,000/- as advance
BAIL APPLKNos. 528/2013 & 530/2013 page 1 of2
2013:DHC:8195 h on 21.04.2012 and transferred it to Kasikom Bank. Again, on 07.02.2012, he deposited USD 85,505/- in the account of M/s. Silver Metal Trading
Company. It appears that the transaction did not materialise. The complainant neither received the consignment nor got his money back. It is not in dispute that petitioners as agents had procured the said contract for the complainant. The complainant had visited Thailand to inspect the material.
Efforts were made by the petitioners to get the deal through but in vain. For the default in the execution of the contract, prima facie, the petitioners cannot be held responsible as no money was transferred in their accounts and they are not beneficiaries. They have joined the investigation. Custodial interrogation of the petitioners is not required as the documentary evidence is already available.
Taking into consideration all these facts and circumstances of the case, the petitioners are admitted to anticipatory bail and in the event oftheir arrest they be released on furnishing personal bond in the sum of ? One lac
^ with one surety, each in the like amount to the satisfaction of the
SHO/Investigating officer. They shall however join the investigation as and when required.
The bail applications stand disposed of.
\GARG,J SEPTEMBER 13,2013/tr BAIL APPLKNos. 528/2013 & 530/2013 page 2 of2
2013:DHC:8195
JUDGMENT