Full Text
Translation output
$-10, 11 & 12 HIGH COURT OF DELHI
BAIL APPLN.4452/2021
NIRMALA Petitioner
Through; Mr.Viraj Datar Sr. Advocate, Mr. Mukesh Sharma & Mr. Manish Tanwar & Mr. Abhinav Sharma, Advocates.
BAIL APPLN.4452/2021
NIRMALA Petitioner
Through; Mr.Viraj Datar Sr. Advocate, Mr. Mukesh Sharma & Mr. Manish Tanwar & Mr. Abhinav Sharma, Advocates.
VERSUS
STATE
Through:
Respondent Ms. Aasha Tiwari, APP for State.
Mr. Rishipal Singh, Advocate for complainant.
Through:
Respondent Ms. Aasha Tiwari, APP for State.
Mr. Rishipal Singh, Advocate for complainant.
BAIL APPLN.4453/2021
GOVIND SHARMA
Through:
STATE
GOVIND SHARMA
Through:
STATE
VERSUS
Through:
Petitioner Mr.Viraj Datar Sr. Advocate, Mr. Mukesh Sharma & Mr. Manish Respondent
Ms.Aasha Tiwari,APP for State.
Mr. Rishipal Singh, Advocate for cornplainant.
^BAIL APPLN.4454/2021 PHOOL KUMAR SHARMA
Through:
Petitioner Mr.Viraj Datar Sr. Advocate, Mr. Mukesh Shamia & Mr. Manish 2022:DHC:5961 to
Petitioner Mr.Viraj Datar Sr. Advocate, Mr. Mukesh Sharma & Mr. Manish Respondent
Ms.Aasha Tiwari,APP for State.
Mr. Rishipal Singh, Advocate for cornplainant.
^BAIL APPLN.4454/2021 PHOOL KUMAR SHARMA
Through:
Petitioner Mr.Viraj Datar Sr. Advocate, Mr. Mukesh Shamia & Mr. Manish 2022:DHC:5961 to
VERSUS
STATE
Through: Ms.AashaTiwari.APP^Sat"' Mr. Rishipal Singh. Advocate for complainant.
Through: Ms.AashaTiwari.APP^Sat"' Mr. Rishipal Singh. Advocate for complainant.
CORAM:
HON'BLEMS^JUSTICEANUMALHOTRA 24.01.2022 (Through Video Conferencing)
The applicants vide the present applications seek the grant of anocpatoo: batl tn relation to FIR No.457/2021.Police Station Dwarka
Sector23.underSections420/34oftheIndianPenalCode 1860
Videorderdated20.12.2021.theapplicants weredirected tojoin the mvest.gat.on ofthe case and the addressofthe applicants mentioned in the p .tion asFlatNo.78l.8th Floor,Skylark Apartment.PlotNo.35.Sector6.
Dwarka.New Delhi,wasdirected to be verified in view ofthesubmissions made by theInvestigating Officerand the counsel forthe complainantthat the said address was incorrect.
Thestatusreport has been submitted on behalfofthe State and it has been apprised by the State that the address that has been put forth by theI applicant is erroneous and thatthe address Flat No.78I.8th Floor.Skylark
Apartment.Plot No.35.Sector6,Dwarka.New Delhi,is notthe address at which the applicants are found residing.
Asperthe status reportsubmitted bythe State ineachofthecases,the correct address ofthe applicants is Flat No.56l.Skylark Apartment.Sector
6,Dwarka.New Delhi,which premises were alsofound locked,though the s applicantsdidjointheinvestigation ofthecase.
On behalfoftheapplicants,ithasbeensubmittedthattheaddresswas
—ymentioned in view ofthe address mentioned in the Civi,Su^ ed bythecomplainant,copyofwhichisannexedasAnnexureC(Colly)
Wherein the address was inter alia mentioned as Plat No.7S,.S. p, SMa.Apa.m Sector b, Owarha. Mew Oelhi and the address Plat'
Aspertheavermentsmadethroughthestatusreportsubmitted bythe ofBArr"'™"' ^PP"-nt
. ^ is the son ofthe applicant Nirmala,ie he applicantofthe BAIL APPLN.4452/202.and methim on 12.10202.' or purchase ofthe property No.415.Sector 19.Dwarka New Delhi and that the said accused Govind, i.e.. the applicant of BAIL APPLN
4453/2021.statedthathewastherealsonoftheownerofthepropertyanda verbal deal was fixed m total sale consideration ofRs. 75 Lakhs for the basementandsecondfloorofthesaid propertywhich wasinsemi-funtished condition and the complainant paid Rs. 2.50.000/- cash to Govind who assured that on receipt of 10% payment oftotal sale consideration, the possession would be handed over,so that the complainant could continue theconstruction/furnishing work and thedateoffinalpaymentwasfixed for
30.12.2021. Thesaid applicantGovind i.e..the applicantofBAIL APPLN.
4453/2021 wasstatedtohavegivenin writingthereceiptofthepaymentbut as the complainant wanted the receipt to be signed by the owner ofthe property i.e.. Nirmala Sharma. i.e.. the applicant of the BAIL APPLN.
4452/2021.whois alsothe wifeoftheapplicant.PhoolKumarSharma.i.e.. the applicant of the BAIL APPLK 4454/2021. On .3.0202, th comp.a,nantpaidRs...akhincashtoGovind,Nimtala ie thean r c the BAIL APPLN 44t^9/omi j ' ^PP^icantof ohtheBAILz:: z rr^ --— a Chen CO ^ottpleinant wanted to give hequeofRs.4.akhsbuttheyrefusedtotakeachequeandaskedthatthe
~be transfe„ed through RTGSin the accountofNirntaia and they handed over two e-stamnc +rv u- ^
' e-stamp was dated 12.102021 on which a payment ofRs 2 SO nnn/ and anothe '^^■2.50.000/- was received and signed by Nirmala an anot er e -stamp was dated I3.,0.202i on which a payment Rs. One akh cash and cheque ofRs. 4 LaWts was received and signed by Nirmaia
. stated through the status report that it was mentioned on the e-stamp the possession of the second floor and basemen, of 4.5, Sector .9
Dwarka, New Deihi was being handed over to Sh.Amit Yadav the' complainant, and on ,5.I0.202i, he started construction work and he came to know through Ami, Gupta that the second floor of the said property a ready stood sold to one Asha Shaima and when he tried to contact the accused persons, they could not be contacted and thus the complainant filed a civil suit on 18.10.2021 with the matter having been fixed for 21..0.2021 and on 19.10.2021, the accused persons tried to dispossess him and a restraint order in relation thereto was granted on 21.10.2021 by the Civil
Court and thus the FIR was registered.
It is wter alia submitted on behalf ofthe State in reply to a specific
Court query, that another FIR No.57/2022, Police Station, Sector 23
Dwarka, has since been registered on the complaint that has been lodged by
Asha Sharma, the complainant in that FIR.
Inter aha, it has been submitted on behalf of the applicant that
Nirmala.i.e..theapplicantoftheBAILAPPLN.4452/2021 had the SHO Sector on i ■ , =4/2021 had apprised to
' - communication dated 16 102021 that pursuantto a wrong transaction,she received ao '
"2021.that 14 10 2021 m u r, R''- 4 IfWts on 4.10.2 21 throughRTGSfromShr,AmitYadavandthatshedidnotknow sue personnorwassheawareofanysuchtransactionandthere wasno onnectionofthistransaction with her. ,thas beensubmitted on behalfof theapplicantthatihnheracomplaint wasalso madeo,n 20.10.2021 tothe
Branch Manager, SBI by Nirmala to the similar effect. ,t was also mentioned m this letter to the bank requesting for a reverse ofthis stated suspicious transaction.
^ Court query,it is informed that this amount of s. akhsIS stilllymg m theaccountsoftheapplicant.
Thelearnedcounselforthecomplainantsubmitsthatthedetailsofthe ank accountoftheapplicantwastransmitted tothecomplainantthrough a
Whatsappcommunicationandthesubmissionsthattheapplicantseekstoput forth thatthere wasasuspicioustransaction and thatNirmala wasnoteven awareofany such transaction is whollyfalse.
Presently,taking into account the factum thatthe amountaccounted for through accounted transactions is a sum of Rs. 4 lakhs which the complainant,as per the averments made by the applicants has admittedly paid toNirmala,which the applicantseekstocontend has been erroneously put into the account of Nirmala, and taking into account the submission made on behalf ofthe learned counsel for the applicants, in reply to a specific Court queiy,that the applicants have no hesitation in the return of the amount ofRs.4lakhs to the complainant,subject to the payment ofa sum or Rs.4 lakhs to the complainant through a demand draft by the date
28.01.2022 via a demand draft in the name of Amit Yadav, son ofRam
Niwas Yadav, the applicantsin the eventofarrestare allowed to be released on bail on filing bail bondsin the sum ofRs.1,00,000/-(Rupees One Lakh) with one surety ofthe like amount to the satisfaction ofthe learned Trial
Court with directionsto the applicantto the effectthat;-
• they shall not leave the country without the permission of the Trial
Court;
• they shall appear before the investigating agency as and when required;
• they shall keep their mobile phones on at all times;
• they shall drop a PIN on the google map to ensure that their location is available to the Investigating Officer ofthe case;
Furthermore, in view ofthe submissions that have been made on behalf of the complainant, by learned counsel for the complainant, that the complainant has in fact filed a civil suit bearing No.778/2021 pending before the Court ofthe learned ADJ,Dwarka,it is made expressly clear that nothing stated hereinabove shall amount to any expression on the merits or demerits ofthat civil suit pending as filed by the complainant.
The applications are disposed ofaccordingly.
ANU MALHOTRA,J JANUARY 24,2022 ha
The applicants vide the present applications seek the grant of anocpatoo: batl tn relation to FIR No.457/2021.Police Station Dwarka
Sector23.underSections420/34oftheIndianPenalCode 1860
Videorderdated20.12.2021.theapplicants weredirected tojoin the mvest.gat.on ofthe case and the addressofthe applicants mentioned in the p .tion asFlatNo.78l.8th Floor,Skylark Apartment.PlotNo.35.Sector6.
Dwarka.New Delhi,wasdirected to be verified in view ofthesubmissions made by theInvestigating Officerand the counsel forthe complainantthat the said address was incorrect.
Thestatusreport has been submitted on behalfofthe State and it has been apprised by the State that the address that has been put forth by theI applicant is erroneous and thatthe address Flat No.78I.8th Floor.Skylark
Apartment.Plot No.35.Sector6,Dwarka.New Delhi,is notthe address at which the applicants are found residing.
Asperthe status reportsubmitted bythe State ineachofthecases,the correct address ofthe applicants is Flat No.56l.Skylark Apartment.Sector
6,Dwarka.New Delhi,which premises were alsofound locked,though the s applicantsdidjointheinvestigation ofthecase.
On behalfoftheapplicants,ithasbeensubmittedthattheaddresswas
—ymentioned in view ofthe address mentioned in the Civi,Su^ ed bythecomplainant,copyofwhichisannexedasAnnexureC(Colly)
Wherein the address was inter alia mentioned as Plat No.7S,.S. p, SMa.Apa.m Sector b, Owarha. Mew Oelhi and the address Plat'
Aspertheavermentsmadethroughthestatusreportsubmitted bythe ofBArr"'™"' ^PP"-nt
. ^ is the son ofthe applicant Nirmala,ie he applicantofthe BAIL APPLN.4452/202.and methim on 12.10202.' or purchase ofthe property No.415.Sector 19.Dwarka New Delhi and that the said accused Govind, i.e.. the applicant of BAIL APPLN
4453/2021.statedthathewastherealsonoftheownerofthepropertyanda verbal deal was fixed m total sale consideration ofRs. 75 Lakhs for the basementandsecondfloorofthesaid propertywhich wasinsemi-funtished condition and the complainant paid Rs. 2.50.000/- cash to Govind who assured that on receipt of 10% payment oftotal sale consideration, the possession would be handed over,so that the complainant could continue theconstruction/furnishing work and thedateoffinalpaymentwasfixed for
30.12.2021. Thesaid applicantGovind i.e..the applicantofBAIL APPLN.
4453/2021 wasstatedtohavegivenin writingthereceiptofthepaymentbut as the complainant wanted the receipt to be signed by the owner ofthe property i.e.. Nirmala Sharma. i.e.. the applicant of the BAIL APPLN.
4452/2021.whois alsothe wifeoftheapplicant.PhoolKumarSharma.i.e.. the applicant of the BAIL APPLK 4454/2021. On .3.0202, th comp.a,nantpaidRs...akhincashtoGovind,Nimtala ie thean r c the BAIL APPLN 44t^9/omi j ' ^PP^icantof ohtheBAILz:: z rr^ --— a Chen CO ^ottpleinant wanted to give hequeofRs.4.akhsbuttheyrefusedtotakeachequeandaskedthatthe
~be transfe„ed through RTGSin the accountofNirntaia and they handed over two e-stamnc +rv u- ^
' e-stamp was dated 12.102021 on which a payment ofRs 2 SO nnn/ and anothe '^^■2.50.000/- was received and signed by Nirmala an anot er e -stamp was dated I3.,0.202i on which a payment Rs. One akh cash and cheque ofRs. 4 LaWts was received and signed by Nirmaia
. stated through the status report that it was mentioned on the e-stamp the possession of the second floor and basemen, of 4.5, Sector .9
Dwarka, New Deihi was being handed over to Sh.Amit Yadav the' complainant, and on ,5.I0.202i, he started construction work and he came to know through Ami, Gupta that the second floor of the said property a ready stood sold to one Asha Shaima and when he tried to contact the accused persons, they could not be contacted and thus the complainant filed a civil suit on 18.10.2021 with the matter having been fixed for 21..0.2021 and on 19.10.2021, the accused persons tried to dispossess him and a restraint order in relation thereto was granted on 21.10.2021 by the Civil
Court and thus the FIR was registered.
It is wter alia submitted on behalf ofthe State in reply to a specific
Court query, that another FIR No.57/2022, Police Station, Sector 23
Dwarka, has since been registered on the complaint that has been lodged by
Asha Sharma, the complainant in that FIR.
Inter aha, it has been submitted on behalf of the applicant that
Nirmala.i.e..theapplicantoftheBAILAPPLN.4452/2021 had the SHO Sector on i ■ , =4/2021 had apprised to
' - communication dated 16 102021 that pursuantto a wrong transaction,she received ao '
"2021.that 14 10 2021 m u r, R''- 4 IfWts on 4.10.2 21 throughRTGSfromShr,AmitYadavandthatshedidnotknow sue personnorwassheawareofanysuchtransactionandthere wasno onnectionofthistransaction with her. ,thas beensubmitted on behalfof theapplicantthatihnheracomplaint wasalso madeo,n 20.10.2021 tothe
Branch Manager, SBI by Nirmala to the similar effect. ,t was also mentioned m this letter to the bank requesting for a reverse ofthis stated suspicious transaction.
^ Court query,it is informed that this amount of s. akhsIS stilllymg m theaccountsoftheapplicant.
Thelearnedcounselforthecomplainantsubmitsthatthedetailsofthe ank accountoftheapplicantwastransmitted tothecomplainantthrough a
Whatsappcommunicationandthesubmissionsthattheapplicantseekstoput forth thatthere wasasuspicioustransaction and thatNirmala wasnoteven awareofany such transaction is whollyfalse.
Presently,taking into account the factum thatthe amountaccounted for through accounted transactions is a sum of Rs. 4 lakhs which the complainant,as per the averments made by the applicants has admittedly paid toNirmala,which the applicantseekstocontend has been erroneously put into the account of Nirmala, and taking into account the submission made on behalf ofthe learned counsel for the applicants, in reply to a specific Court queiy,that the applicants have no hesitation in the return of the amount ofRs.4lakhs to the complainant,subject to the payment ofa sum or Rs.4 lakhs to the complainant through a demand draft by the date
28.01.2022 via a demand draft in the name of Amit Yadav, son ofRam
Niwas Yadav, the applicantsin the eventofarrestare allowed to be released on bail on filing bail bondsin the sum ofRs.1,00,000/-(Rupees One Lakh) with one surety ofthe like amount to the satisfaction ofthe learned Trial
Court with directionsto the applicantto the effectthat;-
• they shall not leave the country without the permission of the Trial
Court;
• they shall appear before the investigating agency as and when required;
• they shall keep their mobile phones on at all times;
• they shall drop a PIN on the google map to ensure that their location is available to the Investigating Officer ofthe case;
Furthermore, in view ofthe submissions that have been made on behalf of the complainant, by learned counsel for the complainant, that the complainant has in fact filed a civil suit bearing No.778/2021 pending before the Court ofthe learned ADJ,Dwarka,it is made expressly clear that nothing stated hereinabove shall amount to any expression on the merits or demerits ofthat civil suit pending as filed by the complainant.
The applications are disposed ofaccordingly.
ANU MALHOTRA,J JANUARY 24,2022 ha
JUDGMENT