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HIGH COURT OF DELHI
BAIL APPLN.2634/2020 AND CRI..M.A.12562/2020
PRATEEK MANGI Petitioner
Through: Mr.Tarun Kashyap,Adv.
Through: Mr. Amit Ahlawat,APP for the State.
! BAIL APPLN.2643/2020 AND CRL.M.A.12608/2020
NAVEEN MANGI Petitioner
Through: Mr.Tarun Kashyap,Adv,
Through: Mr.Amit Ahlawat,APP for the State.
07.01.2022
ORDER
1. By way ofthese petitions,petitioners are seeking anticipatory bail in FIR No.266/2019 under Section 406/420/34 IPG registered at P.S. Tilak Nagar.
2. The allegations against the petitioners are that they were the owners of the second floor with roof rights of the property bearing WZ-91, Ram Nagar Extension,Tilak Nagar,Delhi. The said second floor was sold by the applicant-Naveen Mangi to the complainant Smt.Seema on 26.10.2010 vide 2022:DHC:5949 registered Sale Deed. It is alleged that the petitioner-Prateek Mangi along with his brother namely Naveen Mangi, who is the erstwhile owner of the above property applied for a loan of Rs.35 laes from UCO Bank on 15.1.2014 and they offered second and third floors of the said property as security. This was detected by the complainant on receipt ofnotice and she got the FIR registered. On 11.9.2020, when this matter came up for hearing before this Court, it was submitted by the counsel for the petitioners that they had constructed the floor above the second floor and since sale deed of the second floor and roof was joint they handed over the said sale deed to ^ the UCO Bankfor grantofloan as collateral security.However,on thatdate, counsel for the petitioner further submitted that the petitioners were ready to settle the matter with the bank and they would be repaying the loan amount and would get the property free from loan within 90 days from the said date i.e 11.9.2021.
3. Today, counsel for the petitioners submitted that the entire loan amount has been cleared and bank has issued letter dated 5.4.2021. The relevant portion ofthe letter reads as follows "This is to certify thatabove account wassettled through compromise and that the payment has been received in terms of the approved ^ compromise. However as per terms and conditions title deed of property will be handed over only after closing ofall litigation matter againstthe bank."
4. It is clear after the reading ofthe letter that petitioners have settled the amount ofloan fi "om the bank.
5. It is further submitted by the counsel for the petitioners that the ehargesheet has been filed withoutthe arrest.
6. Keeping in view the facts and circumstances,the interim bail granted o o to the petitioners is confirmed on the same terms and conditions.
7. The applications stand disposed ofaccordingly.
JANUARY 7,2022 ib _ RAJNISH BHATNAGAR,J