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/ $-32, 33 & 43 HIGH COURT OF DELHI
BAIL APPLN. 353/2018
AISHA BEGUM Petitioner
Through: Mr. Ashish Jha and Mohd. Shariq, Advs.
BAIL APPLN. 353/2018
AISHA BEGUM Petitioner
Through: Mr. Ashish Jha and Mohd. Shariq, Advs.
VERSUS
THE STATE (NCT OF DELHI) ..... Respondent Tlirough: Ms. Meenakshi Dahiya, APP with
ASI Malkhan, P.S. Sangam Vihar.
ASI Malkhan, P.S. Sangam Vihar.
AND
BAIL APPLN. 356/2018
NAFEES AHMAD Petitioner Advs. ,
NAFEES AHMAD Petitioner Advs. ,
VERSUS
THE STATE (NCT OF DELHI) Respondent
Through: Ms. Meenakshi Dahiya, APP with AND
Through: Ms. Meenakshi Dahiya, APP with AND
BAIL APPLN. 357/2018
ANEES @ JACKY Petitioner Advs.
ANEES @ JACKY Petitioner Advs.
VERSUS
THE STATE (NCTOF DLEHI) Respondent
Through: Mr. M.S. Oberoi, APP for State with
Through: Mr. M.S. Oberoi, APP for State with
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
ORDER r 13.02.2018 Aisha Begum is wife of Nafees Ahmad; whereas Anees @ Jacky is
2018:DHC:8197 7^ son of Nafees Ahmad. Complainant has alleged in the FIR that petitioners conspired with each other and took ^20 lacs from him and his two friends on the false assurances that the plots, developed by them, would be sold to them and the sale deeds would be executed. The deal was struck in the month of
May, 2012. Amount was taken in monthly instalments. Sometimes money was taken by Nafees Ahmad and sometimes by his wife (Aisha) and son
I
(Anees). However, neither the sale deeds were executed nor the possession ofthe plots was given. On 17^^ October, 2016, Nafees Ahmad gave them a notarised sale deed whereby complainant was assured that possession of the plots will be given after 10 days. However, possession was still not given, inasmuch as, Nafees Ahmed, his son and his wife threatened to kill the complainant and his friends.
Learned counsel for the petitioners submits that no document has been signed and executed by Aisha Begum and Anees @ Jacky, inasmuch as, no payment was received by them. Petitioners have been falsely implicated in the FIR. Complainant and otherbuyers have turned dishonest due to fall in property prices.
Learned APP submits that during the investigation 27 other persons have also surfaced with the similar allegations that petitioners have also
I cheated them. Petitioners, had taken money from them on the pretext of selhng the plots to them. However, neither sale deeds were executed nor possession was handed over. Receipts have been signed by Nafees Ahmad.
, Learned APP further submits that one of the receipts was written by Anees
@ Jacky in his hand writing and was signedby NafeesAhmad.
There are no allegations that Aisha Begum had ever issued any receipt.
Keeping in mind the facts and circumstances ofthis case, it is ordered that in case of arrest petitioner-Aisha Begum be released on bail subject to her furnishing a personal bond in the sum of ?25,000/- with one surety inthe like amount to the satisfaction of the Investigating Officer/Arresting Officer/
SHO of the concerned police station. However, in view of the role assigned to Nafees Ahmad and Anees @ Jacky, no case is made out to extend benefit of anticipatory bail to them, inasmuch as, in my view, their custodial interrogation is required.
The above noted bail applications are disposed of in the above terms.
Miscellaneous applications are disposed of as infructuous.
Dasti.
A.K.' FEBRUARY 13, 2018 ATHAK, J.
ORDER r 13.02.2018 Aisha Begum is wife of Nafees Ahmad; whereas Anees @ Jacky is
2018:DHC:8197 7^ son of Nafees Ahmad. Complainant has alleged in the FIR that petitioners conspired with each other and took ^20 lacs from him and his two friends on the false assurances that the plots, developed by them, would be sold to them and the sale deeds would be executed. The deal was struck in the month of
May, 2012. Amount was taken in monthly instalments. Sometimes money was taken by Nafees Ahmad and sometimes by his wife (Aisha) and son
I
(Anees). However, neither the sale deeds were executed nor the possession ofthe plots was given. On 17^^ October, 2016, Nafees Ahmad gave them a notarised sale deed whereby complainant was assured that possession of the plots will be given after 10 days. However, possession was still not given, inasmuch as, Nafees Ahmed, his son and his wife threatened to kill the complainant and his friends.
Learned counsel for the petitioners submits that no document has been signed and executed by Aisha Begum and Anees @ Jacky, inasmuch as, no payment was received by them. Petitioners have been falsely implicated in the FIR. Complainant and otherbuyers have turned dishonest due to fall in property prices.
Learned APP submits that during the investigation 27 other persons have also surfaced with the similar allegations that petitioners have also
I cheated them. Petitioners, had taken money from them on the pretext of selhng the plots to them. However, neither sale deeds were executed nor possession was handed over. Receipts have been signed by Nafees Ahmad.
, Learned APP further submits that one of the receipts was written by Anees
@ Jacky in his hand writing and was signedby NafeesAhmad.
There are no allegations that Aisha Begum had ever issued any receipt.
Keeping in mind the facts and circumstances ofthis case, it is ordered that in case of arrest petitioner-Aisha Begum be released on bail subject to her furnishing a personal bond in the sum of ?25,000/- with one surety inthe like amount to the satisfaction of the Investigating Officer/Arresting Officer/
SHO of the concerned police station. However, in view of the role assigned to Nafees Ahmad and Anees @ Jacky, no case is made out to extend benefit of anticipatory bail to them, inasmuch as, in my view, their custodial interrogation is required.
The above noted bail applications are disposed of in the above terms.
Miscellaneous applications are disposed of as infructuous.
Dasti.
A.K.' FEBRUARY 13, 2018 ATHAK, J.
JUDGMENT