High Court of DelhiBAIL APPLN./2087/2016

Simarpreet Singh v. State

2017-01-27Hon'Ble Mr. Justice Vipin Sanghi2 pages

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IN THE HIGH COURT OF DELHI AT NEW 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 + BAIL APPLN. 2093/2016 SANDEEP SINGH Petitioner Through:

Mr. M.P. Singh, Ms. Mumtaj and Mr.

Sumit Rana, Advocates versus STATE Respondent Through:

Mr. Mukesh Kumar, APP

CORAM:

HON'BLE MR.

JUSTICE VIPIN SANGHI

ORDER

% 27.01.2017 Issue notice. Notice is accepted on behalf of the State. The status report tendered in court is taken 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 of Rs.2 lacs per month. Admittedly, she vacated the said By:AMULYA

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 premise that the same would be got renovated by the landlord. However, the renovation was not done and the said premises was not given back to the complainant. This stand of the 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 does not amount to 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 cheat the complainant in inducing her to give up her tenancy in respect of the 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 of his arrest, the petitioner shall be released on bail upon his furnishing a personal bond with one surety in the sum of Rs. 10,000/- to the satisfaction of the arresting officer. This is further subject to the condition that the petitioner shall join 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