Pawan Kumar v. State

Delhi High Court · 25 May 2018 · 2018:DHC:8214
Mukta Gupta
BAIL APPLN.1140/2018
2018:DHC:8214
criminal appeal_allowed

AI Summary

The Delhi High Court granted regular bail to accused in a property fraud case based on a compromise deed and settlement between the parties.

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$-4to 6,- HIGH COURT OF DELHI
BAIL APPLN.1140/2018
PAWAN KUMAR Petitioner Represented by: ,Mr.Inderpal Kholdiar,Advocate
VERSUS
STATE Respondent Represented by: Ms.Meenakshi Chauhan,APP forthe
State with SI Ramesh Kuamr,PS Sultan Puri
BAIL APPLN.1141/2018
KRISHNA Petitioner Represented by: Mr.Inderpal Khokhar,Advocate
VERSUS
STATE Respondent Represented by: Mr.Ashok Kumar Garg,APP forthe
State with SI Ramesh Kuamr,PS Sultan Puri
BAIL APPLN.1187/2018
RADHA GUPTA Petitioner Represented by: Mr.Deepak Anand,Mr.Rustam Singh, Ms.Hemlata Rawat and
Mr.Aayushmaan V.,Advocates
VERSUS
THE STATE OF NOT OF DELHI Respondent Represented by: Ms.Rajni Gupta,APP for the State with SI Ramesh Kuamr,PS Sultan
Puri
BAILAPPLN.1140/2018& conn.matters 1of3
2018:DHC:8214
CORAM:
HON'BLE MS.JUSTICE MUKTA GUPTA
ORDER o/o 25.05.2018
JUDGMENT

1. By these petition, the petitioners seek regular bail in case FIR No.620/2016 under Sections 420/467/468/471/448/34 IPG registered at PS Sultan Purl on the complaint of one Rajesh Kumar Gupta on the ground that parties have settled the matter vide compromise deed dated 22"^^ April,

2018.

2. In the above-noted FIR, Rajesh Kumar Gupta alleged that he had purchased plotNo.C-4/405,SultanPuri,Delhi ad-measuring25 square yards from Radha Guptafor asum of^12.[5] lakhs. The possession and all original documents ofthe plot were handed over to him. All the three floors ofthe building were locked by him and he used to often go to see the property. Later he came to know that Radha had sold the property to Pawan Kumar. During the course ofinvestigation, it was revealed that Krishna, mother of Pawan Kumar was a witness in the first sale-deed. It is thus alleged that in connivance with Krishna and Pawan Kumar,Radha re-sold the property to Pawan Kumar. The petitioners are in custody for nearly 3 months now. The complainant is present in Court and is identified by the Investigating Officer. He states that he has settled the matter with the petitioners vide the settlement deed dated 22 April, 2018 pursuant whereto the parties i.e. Radha Gupta,Pawan Kumar and Krishna have all relinquished their claims on the property and he is now the owner and in possession ofthe property bearingNo.C-4/405,SultanPuri ad- BAILAPPLN.1140/2018& conn,matters ^ a measuring 25 square yards.

3. In view of the fact that parties have entered into a settlement, this Court deems it fit to grant bail to the petitioners. It is, therefore, directed thatthe petitioners be released on bail on their furnishing a personal bond in the sum of?10,000/- each with one surety bond each ofthe like amount to the satisfaction of the learned Trial, Court further subject to the condition that in case ofchange ofresidential address, the same will be intimated to the learned Trial Court.

4. Petitions are disposed of.

5. Order dasti.