S. Surjeet Singh v. State

Delhi High Court · 13 May 2019 · 2019:DHC:2601
Sanjeev Sachdeva
BAIL APPLN. 2970/2018
2019:DHC:2601
criminal petition_allowed

AI Summary

Anticipatory bail granted to petitioner in property-related fraud case after investigation concluded his role, without commenting on merits.

Full Text
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BAIL APPLN.2970/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on: 13.05.2019
BAIL APPLN. 2970/2018
S. SURJEET SINGH ..... Petitioner
versus
STATE .... Respondent Advocates who appeared in this case:
For the Petitioner : Mr. H.S. Dhillon, Advocate.
For the Respondent: Mr. Hirein Sharma, APP for the State.
SI R.P. Singh, PS Tilak Nagar.
CORAM:-
HON’BLE MR. JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks anticipatory bail in FIR No.547 of 2016 under Section 420/468/471/34 IPC, Police Station Tilak Nagar.

2. Allegations in the FIR are that the complainant had entered into an Agreement to Sell with one Sh. Gurmeet Singh for purchase of a property and subsequently it transpired that Gurmeet Singh had sold the property to someone else.

3. Learned counsel for the petitioner submits that petitioner was the original owner of the property who had entered into an Agreement to Sell with one Sh. Harbhajan Singh and subsequently on the asking of Sh. Harbhajan Singh had sold the same to Sh. Gurmeet Singh. He submits 2019:DHC:2601 BAIL APPLN.2970/2018 that after the sale of the property in the year 2013, he had no concern or connection with the subject property.

4. By order dated 17.12.2018, petitioner was granted interim protection subject to joining investigation.

5. Learned APP for the State, under instructions from the Investigating Officer, submits that petitioner has joined the investigation and investigation qua the role of the petitioner is concluded and there is no further requirement of the petitioner to join investigation.

6. Without commenting on the merits of the case and keeping in view of the totality of the facts and circumstances, I am satisfied that petitioner has made out a case for grant of anticipatory bail.

7. Accordingly, it is directed that in the event of arrest, the arresting officer/IO/SHO shall release the petitioner on bail on petitioner furnishing a bail bond in the sum of Rs. 15,000/- with one surety of the like amount to the satisfaction of the arresting officer/Investigating Officer/SHO concerned. Petitioner shall not do anything that may prejudice the investigation, trial or prosecution witnesses.

8. Petition is allowed in the above terms.

9. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J MAY 13, 2019