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$-2&3 HIGH COURT OF DELHI
BAIL APPLN.1047/2016
GAURl SHARMA Petitioner
Through: Mr. Ankur Jain and Mr. Keshav Verma,Advs.
BAIL APPLN.1047/2016
GAURl SHARMA Petitioner
Through: Mr. Ankur Jain and Mr. Keshav Verma,Advs.
VERSUS
THE STATE GOVT OF NCT OF DELHI Respondent
Through: Mr. Sudershan Joon, APP with SI Nitin NawaniPS Hauz Qazi.
Mr. Anil Dwedi, Adv. for complainant with complainant in person.
Through: Mr. Sudershan Joon, APP with SI Nitin NawaniPS Hauz Qazi.
Mr. Anil Dwedi, Adv. for complainant with complainant in person.
AND
BAIL APPLN. 1058/2016
SURENDER KR.SHARMA Petitioner
Through: Mr. Ankur Jain and Mr. Keshav Verma,Advs.
SURENDER KR.SHARMA Petitioner
Through: Mr. Ankur Jain and Mr. Keshav Verma,Advs.
VERSUS
THE STATE GOVT OF NCT OF DELHI Respondent
Through: Ms. Neelam Sharma, APP with SI Nitin NawaniPS Hauz Qazi.
Mr. Anil Dwedi, Adv. for complainant with complainant in person.
Through: Ms. Neelam Sharma, APP with SI Nitin NawaniPS Hauz Qazi.
Mr. Anil Dwedi, Adv. for complainant with complainant in person.
CORAM:
HON'BLE MR.JUSTICE A.K.PATHAK
07.09.2016 Petitioners are husband and wife.They have filed present applications under Section 438 ofCode ofCriminalProcedure,1973 seeking anticipatory
2016:DHC:8345 bail in the FIR No.52/2016 under Sections 420/120-B IPC, registered at police station Hauz Qazi,on the complaint ofMs.Seema Sharma. Learned counsel for the petitioners submits that Ms. Seema Sharma was a close friend of petitioner Gauri Sharma. She has falsely alleged in the FIR that petitioners had taken?20,00,000/- in the month ofMay,2014 on the pretext that they were in financial need and will sell the property bearing no.2201, Gali Shanker Wali,Masjid Khajoor,Dharampura,Delhi admeasuring 29.27
Sq. Meter to her for?20,00,000/-. Further,that in the month ofDecember, 2014,petitioners again took?12,00,000/- on the pretextofselling theirshop bearing no.295,MSX Janpat Street at MSX Mall,Greater Noida,UP to her.
She has falsely alleged that petitioner Gauri Sharma vide letter dated 15"^
January, 2015 had acknowleged the aforesaid transactions. She has also falsely alleged that petitioner Gauri Sharma has issued a cheque for?12 lac to her. It is submitted that petitioners have not taken any money from the complainant. In fact,cheque book was stolen and complainant has misused one cheque. Ms.Gauri Sharma has not given letter dated 15^*^ January,2015 to the complainant. Ms. Gauri Sharma was not present in Delhi on 15"^
January, 2015 as she was in Gwalior. Train tickets and one medical certificate has already been given to the Investigating Officer.
Learned additional public prosecutor has vehemently opposed the grantofanticipatory bailto the petitioners. Itis contended thatcomplainant has categorically stated in the FIR that petitioners had approached her for financial assistance on the pretextthatthey were in dire need ofmoney and offered to sell aforesaid properties. They took ^20,00,000/- in the month of
March,2014 and ^12,00,000/- in the month ofDecember,2014 and assured that property bearing no.2201, Gali Shanker Wali, Masjid Khajoor, Dharampura, Delhi and shop bearing no.295, MSX Janpat Street at MSX
Mall,Greater Noida,UP,would be transferred in the name ofcomplainant.
Allotment letter dated September,2014 in respect ofthe shop was also shown to complainant. However, sale deeds were not executed. On 9^^
March, 2015, petitioners showed their inability to sell the shop. On lO^*"
March,2015,petitioners came and handed over a cheque bearing no.962701 dated 10 March,2015 for ^12,00,000/-,favouring complainant and drawn on Oriental Bank of Commerce, with the assurance that on presentation cheque would be honoured. However,the cheque was returned dishonoured with remarks"Account Closed". Complainanthas specifically stated in the
FIR that complainant has been cheated by the petitioners to the tune of
?32,00,000/-.
Learned additional public prosecutor has further contended that during the investigation,ithas come on record thatthe saving bank account was opened by the petitioner Ms. Gauri Sharma with Oriental Bank of
Commerce in the name ofher minor son. One cheque book containing 25 leaves wasgotissued bythe accountholderon 6'^January,2015. However, on the very next day, that is, l"" January, 2015, account holder gave an application for stopping the payment ofall the cheques. Complainant has alleged that cheque was handed over on 10^^ March, 2015. In the letter dated 15'^ January,2015 Ms.Gauri Sharma has admitted the receiptof?32 lacs. The doctor was confronted with medical certificate and he has stated thatheissues medical certificates onlytothe employees,forleave purposes whereas Ms.Gauri Sharma is a housewife. Even the certificate showsthatit refers regarding leave
Statementofthe complainantis supported bythe documents.
Keeping in mind theserious allegations,I do notfind itto be afitcase for grantofanticipatory bailto the petitioners.
Bail applications are dismissed.' SEPTEMBER07,2016/dk A.K>MTHAK,J.
07.09.2016 Petitioners are husband and wife.They have filed present applications under Section 438 ofCode ofCriminalProcedure,1973 seeking anticipatory
2016:DHC:8345 bail in the FIR No.52/2016 under Sections 420/120-B IPC, registered at police station Hauz Qazi,on the complaint ofMs.Seema Sharma. Learned counsel for the petitioners submits that Ms. Seema Sharma was a close friend of petitioner Gauri Sharma. She has falsely alleged in the FIR that petitioners had taken?20,00,000/- in the month ofMay,2014 on the pretext that they were in financial need and will sell the property bearing no.2201, Gali Shanker Wali,Masjid Khajoor,Dharampura,Delhi admeasuring 29.27
Sq. Meter to her for?20,00,000/-. Further,that in the month ofDecember, 2014,petitioners again took?12,00,000/- on the pretextofselling theirshop bearing no.295,MSX Janpat Street at MSX Mall,Greater Noida,UP to her.
She has falsely alleged that petitioner Gauri Sharma vide letter dated 15"^
January, 2015 had acknowleged the aforesaid transactions. She has also falsely alleged that petitioner Gauri Sharma has issued a cheque for?12 lac to her. It is submitted that petitioners have not taken any money from the complainant. In fact,cheque book was stolen and complainant has misused one cheque. Ms.Gauri Sharma has not given letter dated 15^*^ January,2015 to the complainant. Ms. Gauri Sharma was not present in Delhi on 15"^
January, 2015 as she was in Gwalior. Train tickets and one medical certificate has already been given to the Investigating Officer.
Learned additional public prosecutor has vehemently opposed the grantofanticipatory bailto the petitioners. Itis contended thatcomplainant has categorically stated in the FIR that petitioners had approached her for financial assistance on the pretextthatthey were in dire need ofmoney and offered to sell aforesaid properties. They took ^20,00,000/- in the month of
March,2014 and ^12,00,000/- in the month ofDecember,2014 and assured that property bearing no.2201, Gali Shanker Wali, Masjid Khajoor, Dharampura, Delhi and shop bearing no.295, MSX Janpat Street at MSX
Mall,Greater Noida,UP,would be transferred in the name ofcomplainant.
Allotment letter dated September,2014 in respect ofthe shop was also shown to complainant. However, sale deeds were not executed. On 9^^
March, 2015, petitioners showed their inability to sell the shop. On lO^*"
March,2015,petitioners came and handed over a cheque bearing no.962701 dated 10 March,2015 for ^12,00,000/-,favouring complainant and drawn on Oriental Bank of Commerce, with the assurance that on presentation cheque would be honoured. However,the cheque was returned dishonoured with remarks"Account Closed". Complainanthas specifically stated in the
FIR that complainant has been cheated by the petitioners to the tune of
?32,00,000/-.
Learned additional public prosecutor has further contended that during the investigation,ithas come on record thatthe saving bank account was opened by the petitioner Ms. Gauri Sharma with Oriental Bank of
Commerce in the name ofher minor son. One cheque book containing 25 leaves wasgotissued bythe accountholderon 6'^January,2015. However, on the very next day, that is, l"" January, 2015, account holder gave an application for stopping the payment ofall the cheques. Complainant has alleged that cheque was handed over on 10^^ March, 2015. In the letter dated 15'^ January,2015 Ms.Gauri Sharma has admitted the receiptof?32 lacs. The doctor was confronted with medical certificate and he has stated thatheissues medical certificates onlytothe employees,forleave purposes whereas Ms.Gauri Sharma is a housewife. Even the certificate showsthatit refers regarding leave
Statementofthe complainantis supported bythe documents.
Keeping in mind theserious allegations,I do notfind itto be afitcase for grantofanticipatory bailto the petitioners.
Bail applications are dismissed.' SEPTEMBER07,2016/dk A.K>MTHAK,J.
JUDGMENT