Sanjeev Kumar Sharma v. The State ( NCT Of Delhi)
$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 612/2016 & Crl.M.B. No.629/2016 SANJEEV KUMAR SHARMA ..... Petitioner Through:
Mr.Saket Sikri and Mr.Hitesh Sachar, Advocates.
versus THE STATE (NCT OF DELHI) ..... Respondent Through:
Mr.Kewal Singh Ahuja, APP for the State with SI Pankaj Kumar, PS Mayapuri.
Mr.Gaurav Goel, Advocate for the complainant.
CORAM:
HON'BLE MS. JUSTICE PRATIBHA RANI
O R D E R
% 02.05.2016 1.
By filing the present bail application, the petitioner is seeking regular bail in case FIR No.161/2015 under Sections 408/420/467/468/471/120-B IPC, PS Mayapuri, New Delhi.
2.
Mr.Saket Sikri, Advocate for the petitioner submits that co-accused Chhetrapal Sharma has already been enlarged on bail subject to deposit of ₹25 lacs. Learned counsel for the petitioner has further submitted that the petitioner may also be considered for release on bail subject to such terms and conditions as may be deemed fit looking into the aspect that even as per the status report, ₹10,50,000/- has been allegedly deposited in his account.
3.
The accusations against the present petitioner and his co-accused as incorporated in the status report are to the following effect:- "Case was registered on the complaint of Sh.Deep Chand S/o Sh.Mangu Ram Jangir R/o E-105, Tagore Garden Extension Delhi. The complainant has alleged that he is proprietor of M/s A-one Hydraulic. Plot No.105, Udyog Vihar Ph-6, Gurgaon, Haryana and having account in Canara Bank Mayapuri vide A/c No.20172201002717. The alleged Chattar Pal was employee in the firm of the complainant and was entrusted with the account/ledger book/bank cheques books of the company. He has also alleged that Chattarpal Sharma has cheated him and amount approx. ₹1 Crore had been withdrawn from his account by forging his signatures.
During the course of the investigation, the alleged original cheques (58) has been obtained from the various bank and it has been revealed that amount of ₹18,50,000/- were deposited in the account of the wife of the alleged namely Sangeeta Sharma and ₹10,50,000/- in the account of his brother Sanjeev Kumar Shamra. The accused has withdrawn amount of ₹42.50 lacs in self from the account of the complainant Sh.Deep Chand. Amount of ₹21 lacs has been deposited in the account of Sethi Foundary Works and ₹7 lacs were deposited in the account of Shakti Foundry Works also. The accused Chattarpal Sharma has even deposited his LIC policy No.33175924 with the cheque of the complainant as well as electricity bills of his house i.e. H.No.786, Sector 01A, Gurgaon HR by forging the cheques of the complainant's company bearing No.131715, 131712 and 131705.' 4.
Taking into consideration the accusations against the petitioner and that he is in custody since 25.09.2015 and that he is also ready to deposit the amount as may be directed by the Court, the petitioner is ordered to be released on bail on his depositing ₹15 lacs with the Registrar General of this Court within two weeks and upon his furnishing personal bond in the sum of
₹50,000/- with one surety in the like amount to the satisfaction of concerned Court/Link Court.
5.
The amount of ₹15 lacs if deposited by the petitioner shall be kept in fixed deposit with UCO Bank, High Court Branch initially for a period of one year with auto renewal facility and the same shall be subject to the outcome in case FIR No.161/2015 under Sections 408/420/467/468/471/120-B IPC, PS Mayapuri, New Delhi. 6.
Application stands disposed of.
7.
The observations made above are only for the purpose of deciding the bail application and shall not be considered as an expression on merits. As prayed, copy of the order be given dasti to learned counsel for the parties.
PRATIBHA RANI, J.
MAY 02, 2016 'st'