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S~52,7&8 HIGH COURT OF DELHI bailAPPLN.1000/2018
ASH KHAN
, Petitioner
Through: Mr.Vinay Gupta,Advocate.
ASH KHAN
, Petitioner
Through: Mr.Vinay Gupta,Advocate.
VERSUS
STATE
, Respondent
Through: Ms.Manjeet Arya, APP for the State with SI Nagender Nagar from P.S.
SaritaVihar.
, Respondent
Through: Ms.Manjeet Arya, APP for the State with SI Nagender Nagar from P.S.
SaritaVihar.
BAIL APPLN.1087/2018
RAFIQUL
Petitioner Ihrough: Mr.(appearance notgiven),Advocate.
RAFIQUL
Petitioner Ihrough: Mr.(appearance notgiven),Advocate.
VERSUS
THESTATE(GNCTOFDELHI) Respondent Sarita Vihar.
BAIL APPLN.1175/2018
SADDAM KHAN
Through: Mr.FirozIqbal,Advocate.
SADDAM KHAN
Through: Mr.FirozIqbal,Advocate.
VERSUS
™ STATE
Sarita Vihar.
Sarita Vihar.
CORAM:
HON'BLE MR.JUSTICE A.K.PATHAK
16.07.2018 The petitioners have prayed for grant ofregular bail. The petitioner
Saddam Khan is in judicial custody for the last 9 months; whereas the
2018:DHC:8225 petitioners AsifKhan and Rafique are in judicial custody for the last 7 months.
Itissubmitted thatchargesheetaswell assupplementao'chargesheet have already been filed and the trial is underway,which is likely to take time.
The petitioners have been arrested on the disclosure statementofco- accusedSameerHussain whohasalready beengrantedregularbail. Except the disclosure statementofpetitioners no other clinching evidence is there againstthepetitioners. RecoveryofATMcards,cheque booketc.havebeen planted on the petitioners.
As per prosecution, one gang was involved in opening ofthe bank accounts in fictitious names on the basis offake ID cards only to cheat innocentpeople. Thesaid gang wascheatingpeopleonthe pretextthatthey were successful in lottery and were entitled to receive gifts. Learned APP submits that on secret information received on 12.10.2017, co-accused
Sameer Hussain was arrested and from his possession two ATM cards and two Pan Cards were recovered. In one Pan Card, photograph ofSameer
Hussain is there butthe name ofcard holder was mentioned as Salim Khan.
Pursuant to the disclosure statement of Sameer Hussain, the petitioners
Saddam Khan and Asif Khan were arrested. Fake ATM cards, Aadhaar cards,Pan Cards and passbook were recovered from them. Two registers were also recovered wherein the details oftransactions were recorded. It was also revealed thatthe petitioners gotbogus bank accounts opened inthe name ofRaju Verma and Vinod Sharma inasmuch as obtained ATM cards in the said names. During the investigation,it is revealed thatpursuantto a telephonic call Ms.Savitri Gubbala had deposited ^1,77,000/- in two bank accounts after she was told that gold jewelleiy, diamonds etc. had been parcelledtoherasgifts. FurtherthatfrompetitionerAsifKhan,onecheque book,ATMcard,photocopyofPanCardofShamimBeig,twophotographs ofaccused Asif,photocopyofPan Card and Election Card ofSahil Sheikh were recovered. In fact, Rafiq Khan had impersonated as Sahil Sheikh.
Accused had impersonated as Raju Verma and Vinod Sharmarespectively and bank accounts were opened and ATM cards were also taken on such assumed names.
Learned counsel for the petitioners submit that neither in the chargesheet nor supplementary chargesheet it has been disclosed that handwriting and signatures ofthe petitioners match with the handwriting and signaturesin the said documents or bank records.
Keeping in mind the totality ofthe facts and circumstances ofthis case,the petitioners are admitted to bail subjectto each ofthem furnishing personal bond in the sum of?30,000/- with one surety each in the like amount,to'the satisfaction ofTrial Court.
The bail applications are disposed of,in above terms.
Dasti.
JULY16,2018 A.K.fAT^AK,J ssc
16.07.2018 The petitioners have prayed for grant ofregular bail. The petitioner
Saddam Khan is in judicial custody for the last 9 months; whereas the
2018:DHC:8225 petitioners AsifKhan and Rafique are in judicial custody for the last 7 months.
Itissubmitted thatchargesheetaswell assupplementao'chargesheet have already been filed and the trial is underway,which is likely to take time.
The petitioners have been arrested on the disclosure statementofco- accusedSameerHussain whohasalready beengrantedregularbail. Except the disclosure statementofpetitioners no other clinching evidence is there againstthepetitioners. RecoveryofATMcards,cheque booketc.havebeen planted on the petitioners.
As per prosecution, one gang was involved in opening ofthe bank accounts in fictitious names on the basis offake ID cards only to cheat innocentpeople. Thesaid gang wascheatingpeopleonthe pretextthatthey were successful in lottery and were entitled to receive gifts. Learned APP submits that on secret information received on 12.10.2017, co-accused
Sameer Hussain was arrested and from his possession two ATM cards and two Pan Cards were recovered. In one Pan Card, photograph ofSameer
Hussain is there butthe name ofcard holder was mentioned as Salim Khan.
Pursuant to the disclosure statement of Sameer Hussain, the petitioners
Saddam Khan and Asif Khan were arrested. Fake ATM cards, Aadhaar cards,Pan Cards and passbook were recovered from them. Two registers were also recovered wherein the details oftransactions were recorded. It was also revealed thatthe petitioners gotbogus bank accounts opened inthe name ofRaju Verma and Vinod Sharma inasmuch as obtained ATM cards in the said names. During the investigation,it is revealed thatpursuantto a telephonic call Ms.Savitri Gubbala had deposited ^1,77,000/- in two bank accounts after she was told that gold jewelleiy, diamonds etc. had been parcelledtoherasgifts. FurtherthatfrompetitionerAsifKhan,onecheque book,ATMcard,photocopyofPanCardofShamimBeig,twophotographs ofaccused Asif,photocopyofPan Card and Election Card ofSahil Sheikh were recovered. In fact, Rafiq Khan had impersonated as Sahil Sheikh.
Accused had impersonated as Raju Verma and Vinod Sharmarespectively and bank accounts were opened and ATM cards were also taken on such assumed names.
Learned counsel for the petitioners submit that neither in the chargesheet nor supplementary chargesheet it has been disclosed that handwriting and signatures ofthe petitioners match with the handwriting and signaturesin the said documents or bank records.
Keeping in mind the totality ofthe facts and circumstances ofthis case,the petitioners are admitted to bail subjectto each ofthem furnishing personal bond in the sum of?30,000/- with one surety each in the like amount,to'the satisfaction ofTrial Court.
The bail applications are disposed of,in above terms.
Dasti.
JULY16,2018 A.K.fAT^AK,J ssc
JUDGMENT