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HIGH COURT OF DELHI
BAIL APPLN.2087/2016
SIMARPREET SINGH Petitioner
Through: Mr. M.P. Singh, Ms.Mumtaj and Mr. Sumit Rana,Advocates
HIGH COURT OF DELHI
BAIL APPLN.2087/2016
SIMARPREET SINGH Petitioner
Through: Mr. M.P. Singh, Ms.Mumtaj and Mr. Sumit Rana,Advocates
VERSUS
STATE Respondent
Through: Mr.Mukesh Kumar,APP
Through: Mr.Mukesh Kumar,APP
BAIL APPLN.2093/2016
SANDEEP SINGH Petitioner
Through: Mr. M.P. Singh, Ms.Mumtaj and Mr. Sumit Rana,Advocates
SANDEEP SINGH Petitioner
Through: Mr. M.P. Singh, Ms.Mumtaj and Mr. Sumit Rana,Advocates
VERSUS
STATE Respondent
Through: Mr.Mukesh Kumar,APP
Through: Mr.Mukesh Kumar,APP
CORAM:
HON'BLE MR.JUSTICE VIPIN SANGHI
27.01.2017 Issue notice. Notice is accepted on behalf of the State. The status reporttendered in courtistaken on record.
The submission of the petitioner is that the petitioner has already joined the investigation. This fact has been verified from the status report as well. Learned counsel for the petitioner submits that the disputes between the petitioner and the complainant are purely civil in nature. The complainant, admittedly, was a tenant in one shop belonging to the petitioner on a rent ofRs.2 lacs per month. Admittedly,she vacated the said
2017:DHC:8423 shop and moved to another shop having a rent of Rs.1.50 lacs per month.
According to the complainant, she was made to vacate the earlier shop on the premisethatthe same would be gotrenovated by the landlord. However, the renovation was not done and the said premises was not given back to the complainant. This stand ofthe complainant is disputed by the accused.
Learned counsel for the petitioner points out that the said aspect, at the highest,raises a civil dispute and doesnotamountto cheating per sc.
Looking to the nature of the allegations in the complaint by the complainant, it needs to be established at the trial whether the intention of the accused from the beginning was to cheatthe complainantin inducing her to give up her tenancy in respect ofthe shop earlier taken by her, and to move to another shop with a reduced rent.
Since the petitioner has joined the investigation, the application is allowed. In case ofhis arrest, the petitioner shall be released on bail upon his furnishing a personal bond with one surety in the sum ofRs.10,000/- to the satisfaction of the arresting officer. This is further subject to the condition that the petitioner shalljoin the investigation as and when called for. The petitioner shall not try to influence the complainant/ witnesses or tamper with the evidence.
The application stands disposed of.
VIPIN SANGHI,J JANUARY 27,2017 sr 2017:DHC:8423
27.01.2017 Issue notice. Notice is accepted on behalf of the State. The status reporttendered in courtistaken on record.
The submission of the petitioner is that the petitioner has already joined the investigation. This fact has been verified from the status report as well. Learned counsel for the petitioner submits that the disputes between the petitioner and the complainant are purely civil in nature. The complainant, admittedly, was a tenant in one shop belonging to the petitioner on a rent ofRs.2 lacs per month. Admittedly,she vacated the said
2017:DHC:8423 shop and moved to another shop having a rent of Rs.1.50 lacs per month.
According to the complainant, she was made to vacate the earlier shop on the premisethatthe same would be gotrenovated by the landlord. However, the renovation was not done and the said premises was not given back to the complainant. This stand ofthe complainant is disputed by the accused.
Learned counsel for the petitioner points out that the said aspect, at the highest,raises a civil dispute and doesnotamountto cheating per sc.
Looking to the nature of the allegations in the complaint by the complainant, it needs to be established at the trial whether the intention of the accused from the beginning was to cheatthe complainantin inducing her to give up her tenancy in respect ofthe shop earlier taken by her, and to move to another shop with a reduced rent.
Since the petitioner has joined the investigation, the application is allowed. In case ofhis arrest, the petitioner shall be released on bail upon his furnishing a personal bond with one surety in the sum ofRs.10,000/- to the satisfaction of the arresting officer. This is further subject to the condition that the petitioner shalljoin the investigation as and when called for. The petitioner shall not try to influence the complainant/ witnesses or tamper with the evidence.
The application stands disposed of.
VIPIN SANGHI,J JANUARY 27,2017 sr 2017:DHC:8423
JUDGMENT