Savita & ORS. v. The State (Govt. , N.C.T. Of Delhi)

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1735/2018 SAVITA & ORS.

..... Petitioners Through:

Mr. Pradeep, Ms. Anupriya Yadav and Mr. Siddharth Chaturvedi, Advocates.

Versus

THE STATE (GOVT., N.C.T. OF DELHI) ..... Respondent Through:

Mr. Amit Chadha, Additional Public Prosecutor for State with SI Mahesh, DIU/Central District, Darya Ganj.

Mr. A. Banerjee and Mr. Rupak Srivastava, Advocates for Respondent No.2 with Respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 27.07.2018 On 02.05.2018, it was recorded before the learned Trial Court on the statement of the Loan Manager of the complainant Bank that Rs.89.25 crores were due to the complainant from the petitioners, however, this amount was disputed by the petitioners, who had offered an amount of Rs.60 lacs without prejudice to their rights and contentions. To facilitate the payments, the petitioners were granted interim protection on 02.05.2018, however, in breach of the terms of the interim bail, the same was cancelled on 04.07.2018.

The learned counsel for the petitioners submits that as of yesterday, the petitioner No.1 has paid an amount of Rs.24,30,000/- and in total she is stated to have paid Rs.60 lacs. Apropos the other amounts payable, a computation shall be given by the complainant Bank to the petitioners, within a week.

At request of the learned counsel for the parties, the case is referred to the Delhi High Court Mediation and Conciliation Centre, where the parties shall appear on 04.08.2018 at 11.00 a.m. The petitioners undertake to repay the said amounts, as may be admitted.

In the circumstance, it is directed that in the event of arrest of the petitioners in FIR No. 19/2018 registered at Police Station Nabi Karim for the offences punishable under sections 406/420/120-B IPC, they be released on bail on their furnishing a personal bond in the sum of Rs.25,000/- each with a surety each in the like amount to the satisfaction of the Arresting/Investigating Officer, subject to the following conditions: (i) the petitioners shall continue to participate in the investigations as and when they are so intimated by the Investigating Officer; (ii) they shall provide their mobile phone numbers to the Investigating Officer, which shall be kept operational at all times, so that the police could contact them;

(iii) they shall not make any effort to evade the process of law; and (iv) in case of change of the phone numbers or address, the petitioners shall inform the police forthwith.

Any observations made in this order shall have no bearing on the merits of the case.

The petition is disposed-off in terms of the above. A copy of this order be given dasti to the learned counsel appearing on behalf of the parties.

NAJMI WAZIRI, J.

JULY 27, 2018 sb