Manu Prashant Wig v. The State
$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 100/2024 MANU PRASHANT WIG ..... Petitioner Through:
Mr. Nagendra Kasana, Mr. Rajesh R.
Rathod, Mr.
Vishal Khari, Ms. Loveneet Bhati and Mr. Aditya Sharma, Advocates.
versus THE STATE ..... Respondent Through:
Mr. Mukesh Kumar, APP for the State.
Insp. Chetan Mandia, EOW.
Mr. M.K.Saroja, Advocate for complainant.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
O R D E R
% 30.01.2024 1.
The present application under Section 439 read with Section 482 of the Cr.P.C. seeks interim bail for 45 days in case FIR No. 28/2020, under Sections 406/409/420/120B of the IPC and Sections 3/4/6 of the PCMC Act, registered at P.S. Economic Offences Wing, Mandir Marg. 2.
The present applicant has sought interim bail on the ground of treatment of his mother, father and as well as his brother. The medical documents annexed with the present application have been verified by the Investigating Officer vide status report dated 11.01.2024, authored by Mr. Ajay Kumar, Assistant Commissioner of Police, Section-VI/EOW, which records as under:
"31. That the Petitioner/accused Manu Prashant Wig has again approached the Hon'ble Delhi High Court for seeking interim bail The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
vide Bail Application No. 100/2024, on ground of treatment of his mother, father and brother. The medical documents attached with the bail application have already been verified from concerned Hospital as under:- i.
In respect to the medical documents of Mr. Arjun Wig, brother of applicant, the Dr. Deshraj Gurjar vide his reply dated 08.11.2023 has informed that on 16.10.2023 the patient, namely Arjung Wig, was admitted in their Hospital i.e. Gurjar's Multi Speciality Hospital and he presented to him with C/o high grade fever, Nausea, Vomiting, Weakness. After treatment, his condition improved and he was discharged on 19.10.2023. The Doctor has further informed that one person is required from routine care and as per advise of gastro expert, he was advised for surgery. The Doctor has further informed that the patient Mr. Arjun wig was detected with cholecystitis. After fever subsided, he needed surgery to prevent further relapse / recurring of same illness. ii.
In respect of the patient Mrs. Lakshmi Wig, mother of the present applicant, the Doctor, Sh. Sanjay Sharma vide his letter dated 08.11.2023 has informed that the patient Mrs. Lakshmi Wig (73 years old) was operated by him on 16.12.2022 for stage IIB Breast Cancer (right side) at ACI-Cumballa Hill Hospital, Kemps Corner, Mumbai.
Subsequently, she was then advised Chemo/therapy which was done In February, 2023. After 4 cycles, she did not tolerate chemo therapy so they decided to put her on anti hormone therapy. She was also given Radiation Therapy of the whole breast under Dr. Kannan at P.D. Hinduja Hospital, Mahim which was concluded in May, 2023. The Doctor has further informed that the patient Mrs. Lakshmi Wig is now attending followed up in Kanpur and she is indisposed as there is Suspicion of recurrence, thus, she was advised to come for consultation at ACI-Cumballa Hill Hospital, for further investigation and treatment. It is further informed that the patient needs special help for movement and more persons to look after her.
iii. In respect to the patient Mr. Ashok Wig, the Doctor, Sh. Y. C. Mishra, Mishra Dental Centre, Kanpur vide his letter dated 08.11.2023 has informed that the patient Ashok Wig was operated for Leukoplakia of the tongue, by him. As such surgery was done The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
under local anaesthesia on out-patient basis (OPD) in his clinic and a full-time attendant is not necessary. The Doctor further informed that the patient was not given any such advice. iv. It is further submitted that the name of family members of the petitioner/accused are mentioned below: - Sr. No. Name of family members Relation with the petitioner 1.
Ashok Wig Father 2.
Lakshami Wig Mother 3.
Manu Prashant Wig Self 4.
Arjun Wig Brother 5.
Pooja Wig Wife v. It is further submitted that the latest medical documents of the patient namely Ashok Wig, father of the present Petitioner Manu Prashant Wig have also been verified from LPS Institute of Cardiology, Kanpur. The Doctor Neeraj Parkas vide his reply dated 11.01.2024 has informed that all the medical documents are genuine through which the Patient Mr. Ashok Wig was under his treatment in OPD. He further informed that the Patient needs medical treatment on OPD basis, no urgency for admission and treatment in Cardiology Institute is required. He can receive regular medical treatment in OPD regularly. vi. The medical documents were sent to Head of the Department J K Cancer Institute Kanpur, GT Road, Gutalya Bazzar Rawtpur Crossing Kanpur - 208002 through letter No. 61/R/ACP/Sec VI/EOW dated 10.01.2024 for verification and information. Mr. S.N. Prasad, Director, Desk informed that the documents cannot be verified without any direction of Hon'bIe Court."
3.
Vide judgment dated 11.12.2023, this Court had dismissed the regular bail application being BAIL APPLN. 3599/2023 preferred by present applicant by observing as under:
"11. The contention of learned Senior Counsel for the applicant is that investments made in M/s Blue Fox Motion Pictures Pvt. Ltd. of which the present applicant was a Director could not be returned back on account of the COVID-19 Pandemic. However, the same is not tenable in view of the fact that the allegations are with respect to pre-COVID The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
period. Learned Senior Counsel further contended that there are discrepancies in the total cheated amount at various places in the status report. A perusal of the record reflects that the Investigating Officer has placed on record, a detailed chart showing that the amount invested is approximately 8 crores. It has further come on record that some of the investors have made categorical allegations against the present applicant, stating that he induced them to invest in the aforesaid company. Similarly, it has also come on record that the present applicant has benefitted personally, inasmuch as a sum of Rs. 2,69,07,360/- was received in his personal amount and similarly, payments were made on behalf of the petrol pump by the name of 'M/s P.D. Vig' (owned by applicant's family) to the Indian Oil Corporation Ltd.
Apart from that, the contention of learned APP for the State that the present applicant is a flight risk, appears to be borne out from the facts placed on record. It is on record that the present applicant, after being granted. interim protection, did not appear before the learned ASJ and while dismissing his bail application vide order dated 27.01.2023, the learned ASJ recorded that the applicant was reported to have flown away. The conduct of the present applicant, during the pendency of the bail application, while having interim protection, has been noted in detail in. preceding paragraphs and the same are not being repeated here for the sake of brevity.
(emphasis supplied) *** *** ***
13. In the present case, the chargesheet has been filed. It is the case of the prosecution that further investigation is still ongoing. The material on record, as stated hereinabove, collected during the course of investigation, prima facie, demonstrates the active involvement of the present applicant. It is also the case of the prosecution that other cases involving commission of a similar offence have also been registered against the present applicant. The conduct of the present applicant, as enumerated hereinabove, gives rise to a reasonable possibility of his likelihood of absconding, if granted bail. (emphasis supplied) 4.
In view of the aforesaid observation made while dismissing the regular bail application of the present applicant, this Court is of the opinion that the applicant cannot be given benefit of interim bail. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
5.
Accordingly, the present application is dismissed and disposed of accordingly.
6.
Pending application(s), if any, also stand disposed of. 7.
Order be communicated to the concerned Jail Superintendent for necessary information and compliance.
8.
Order be uploaded on the website of this Court forthwith. AMIT SHARMA, J JANUARY 30, 2024/bsr The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.