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jT HIGH COURT OF DELHI
BAILAPPLN. 1846/2018
DEEPAK BUDEGIRAJA Petitioner
Through: Mr.Ashish Singh & Mr.Nikhil Mehendiratta,Advs.
BAILAPPLN. 1846/2018
DEEPAK BUDEGIRAJA Petitioner
Through: Mr.Ashish Singh & Mr.Nikhil Mehendiratta,Advs.
VERSUS
THE STATE OF G.N.C.T.OF DELHI Respondent
Through: Mr.K.S. Ahuja,APP for the State with Insp. Ram Manohar,PS Narela.
Mr.Atul Buchar& Mr.Hariom, Advs.for complainant.
Through: Mr.K.S. Ahuja,APP for the State with Insp. Ram Manohar,PS Narela.
Mr.Atul Buchar& Mr.Hariom, Advs.for complainant.
BAIL APPLN. 1847/2018
KRISHAN MOHAN
Through:
KRISHAN MOHAN
Through:
VERSUS
Petitioner Mr.Ashish Singh & Mr.Nikhil J TILE STATE OF G.N.C.T.OF DELHI Respondent
Through: Mr.K.S. Ahuja,APP for the State with Insp.Ram Manohar,PS Narela.
Mr.Atul Buchar & Mr.Hariom, BAIL APPLN. 1848/2018
SAMPANN KHURANA
Through:
Through: Mr.K.S. Ahuja,APP for the State with Insp.Ram Manohar,PS Narela.
Mr.Atul Buchar & Mr.Hariom, BAIL APPLN. 1848/2018
SAMPANN KHURANA
Through:
VERSUS
Petitioner Mr.Ashish Singh & Mr.Nikhil
Through: Mr.K.S."Ahuja,APP for the State with Insp.Ram Manohar,PS Narela.
Mr.Atul Buchar& Mr.Hariom, BAIL APPLN. 1846/2018& conn. Page 1 of5
2019:DHC:7339 I
Through: Mr.K.S."Ahuja,APP for the State with Insp.Ram Manohar,PS Narela.
Mr.Atul Buchar& Mr.Hariom, BAIL APPLN. 1846/2018& conn. Page 1 of5
2019:DHC:7339 I
BAIL APPLN. 1849/2018
ANIL KHURANA Petitioner
Through: Mr.Ashish Singh & Mr.Nikhil Mehendiratta, Advs.
ANIL KHURANA Petitioner
Through: Mr.Ashish Singh & Mr.Nikhil Mehendiratta, Advs.
VERSUS
, ) Through: Mr.K.S. Ahuja,APP for the State ^ with Insp.Ram Manohar,PS Narela.
Mr. Atul Buchar& Mr.Hariom, CORAM:
HON'BLE MR.JUSTICE R.K.GAUBA
15.01.2019 Allegations have been made against these four petitioners in FIR NO. 406/2018 of police station Narela on 06.06.2018 for offences punishable under Sections 420/406/34 IPG, the same having arisen out of certain contracts earlier entered upon between the complainant on one hand and the company described as M/s A.K. M. Foods Pvt. Ltd. with which the petitioners are associated. Interim protection was granted by order dated
06.08.2018 with directions that the petitioners shall join and cooperate with the investigative process.
On 01.11.2018, the possibility of some amicable resolution of the dispute, which also has some element of civil nature, arose and the following order was recorded:-
"Further status report has beenfiled which is taken on record.
Heardforsome time. During the course ofhearing, the learned
Mr. Atul Buchar& Mr.Hariom, CORAM:
HON'BLE MR.JUSTICE R.K.GAUBA
15.01.2019 Allegations have been made against these four petitioners in FIR NO. 406/2018 of police station Narela on 06.06.2018 for offences punishable under Sections 420/406/34 IPG, the same having arisen out of certain contracts earlier entered upon between the complainant on one hand and the company described as M/s A.K. M. Foods Pvt. Ltd. with which the petitioners are associated. Interim protection was granted by order dated
06.08.2018 with directions that the petitioners shall join and cooperate with the investigative process.
On 01.11.2018, the possibility of some amicable resolution of the dispute, which also has some element of civil nature, arose and the following order was recorded:-
"Further status report has beenfiled which is taken on record.
Heardforsome time. During the course ofhearing, the learned
BAIL APPLN. 1846/2018& conn. Page2of5
K senior counsel appearing for the petitioner, on instructions, submitted thattheparties may be referred to theprocess ofmediation so that possibility of amicable resolution can be explored, the petitioners at the same time, submitting their readiness and willingness,jointly and severally, in order to show their bonafide, offering to deposit an amount ofRs. 32 lakhs in theform offixed deposit receipt taken outfrom a nationalised bank, with provisionfor auto renewal, with the investigating officer while the parties go through the process ofmediation. The learned senior counselfor the
^ petitioner also submitted that since the bank account of M/s AKM
Foods Pvt. Ltd., maintained as account no.2045201011946, with
Canara Bank, Kaithal Branch wasfrozen, the account will have to be de-freezedfor facilitating such deposit to be made, the petitioners further undertaking that in case there is any shortfall in the credit balance in the said account, for the purposes of abiding by the undertaking ofsuch amount to be deposited as mentioned above, they would make the deposit ofthe requisite balance amount and after the fixed deposit receipt has been taken out for above-mentioned purposes, the bank account may be again treated asfrozen tillfurther directions. The petitioners undertake that asidefrom the transaction mentioned above, they would not make any other transactionfrom the said bank account tillfurther orders.
The learned senior counsel for the complainant, on instructions, submits no objection to the above arrangement to beput in position.
The parties shall appear before Delhi High Court Mediation and Conciliation Centre at3.30p.m. on 19'^ November,2018.
The interim order shall continue subject to strict compliance with the above-mentioned undertaking within two weeks hereof, the investigating officer assuring that he would send the requisite communication to the concerned bank positively within three daysfrom today.
Be listed on 15'^January,2019.
Dasti under the signatures ofCourtMaster".
In the process ofmediation,the parties have been able to reach an
K senior counsel appearing for the petitioner, on instructions, submitted thattheparties may be referred to theprocess ofmediation so that possibility of amicable resolution can be explored, the petitioners at the same time, submitting their readiness and willingness,jointly and severally, in order to show their bonafide, offering to deposit an amount ofRs. 32 lakhs in theform offixed deposit receipt taken outfrom a nationalised bank, with provisionfor auto renewal, with the investigating officer while the parties go through the process ofmediation. The learned senior counselfor the
^ petitioner also submitted that since the bank account of M/s AKM
Foods Pvt. Ltd., maintained as account no.2045201011946, with
Canara Bank, Kaithal Branch wasfrozen, the account will have to be de-freezedfor facilitating such deposit to be made, the petitioners further undertaking that in case there is any shortfall in the credit balance in the said account, for the purposes of abiding by the undertaking ofsuch amount to be deposited as mentioned above, they would make the deposit ofthe requisite balance amount and after the fixed deposit receipt has been taken out for above-mentioned purposes, the bank account may be again treated asfrozen tillfurther directions. The petitioners undertake that asidefrom the transaction mentioned above, they would not make any other transactionfrom the said bank account tillfurther orders.
The learned senior counsel for the complainant, on instructions, submits no objection to the above arrangement to beput in position.
The parties shall appear before Delhi High Court Mediation and Conciliation Centre at3.30p.m. on 19'^ November,2018.
The interim order shall continue subject to strict compliance with the above-mentioned undertaking within two weeks hereof, the investigating officer assuring that he would send the requisite communication to the concerned bank positively within three daysfrom today.
Be listed on 15'^January,2019.
Dasti under the signatures ofCourtMaster".
In the process ofmediation,the parties have been able to reach an
BAIL APPLN. 1846/2018& conn. Page 3of5 r amicable settlement which wasformalised and executed on 28.11.2018. The learned counsel appearing for the complainantfirm submits that the terms of the said settlement agreement dated 28.11.2018 have been abided by and, thus,the complainant has no objection to the protection ofanticipatory bail being granted to the petitioners.
The learned additional public prosecutor has submitted status report which confirms the above-mentioned settlement and the compliances made in its wake by the petitioners and the company which they represent. He leaves the matter to the discretion ofthe court.
In above facts and circumstance,the applications are allowed. Thus, it is directed that in the eventofthe petitioners being arrested, they shall be released on bail by the arresting officer on furnishing personal bond in the sum of Rs.50,000/- each with one surety in the like amount subject to the following further conditions;-
(i) The petitioners shall continue cooperating with the investigation and join the same as and when called upon to do so;
(ii) The petitioners shall not corhe in contact with or try to influence any ofthe witnesses connected to the case;
(iii) Prior to their release, they shall give the telephone numbers of self and of at least one other responsible family member besides that of the surety to the investigating officer; and
(iv) They shall not directly or indirectly make any inducement,threat or promise to any person acquainted with the facts ofthe case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
BAIL APPLN. 1846/2018& conn. Page4of5
>•
This order will inure only till the date of first appearance of the petitioners in the event of a charge-sheet being filed on conclusion of the investigation and process being issued against them by the court of cognizance.
The petitions stand disposed ofin above terms.
Dasti.
JA,J JANUARY 15,2019 nk R K BAIL APPLN. 1846/2018cS conn. Page5of5
The learned additional public prosecutor has submitted status report which confirms the above-mentioned settlement and the compliances made in its wake by the petitioners and the company which they represent. He leaves the matter to the discretion ofthe court.
In above facts and circumstance,the applications are allowed. Thus, it is directed that in the eventofthe petitioners being arrested, they shall be released on bail by the arresting officer on furnishing personal bond in the sum of Rs.50,000/- each with one surety in the like amount subject to the following further conditions;-
(i) The petitioners shall continue cooperating with the investigation and join the same as and when called upon to do so;
(ii) The petitioners shall not corhe in contact with or try to influence any ofthe witnesses connected to the case;
(iii) Prior to their release, they shall give the telephone numbers of self and of at least one other responsible family member besides that of the surety to the investigating officer; and
(iv) They shall not directly or indirectly make any inducement,threat or promise to any person acquainted with the facts ofthe case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the evidence.
BAIL APPLN. 1846/2018& conn. Page4of5
>•
This order will inure only till the date of first appearance of the petitioners in the event of a charge-sheet being filed on conclusion of the investigation and process being issued against them by the court of cognizance.
The petitions stand disposed ofin above terms.
Dasti.
JA,J JANUARY 15,2019 nk R K BAIL APPLN. 1846/2018cS conn. Page5of5
JUDGMENT