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High Court of DelhiBAIL APPLN./2095/2016

Harpreet Singh v. State (NCT Of Delhi)

2018-07-26Hon'Ble Mr. Justice R.K.Gauba3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2095/2016 & CRL.M.A. 15932/2016 HARPREET SINGH ..... Petitioner Through:

Mr. Harshvardhan Pandey & Mr. Jay K. Bhardwaj, Advs.

versus STATE (NCT OF DELHI) ..... Respondent Through:

Mr. Akshai Malik, APP for the State with SI Bharat Lal, PS Hauz Khas.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 26.07.2018 The first informant Ranjeet Kaur, a widowed woman, sister of the father of the petitioner herein had lodged the FIR No. 1397/2015 alleging offences punishable under Sections 420/406/467/468/471/120B IPC with police station Hauz Khas, which was registered on 24.12.2015. It raises questions with regard to the execution of relinquishment deed dated 10.08.2005 that was registered with the Sub Registrar on the same date. The case of the complainant essentially is that on basis of mis-representation she was made to sign on certain papers on the pretext that a post office account was being opened. However, the signatures on the questioned document, which is a registered instrument, have been compared with her specimen signatures by the forensic science laboratory and the opinion is that the same matches. It does appear that her case further is that she had not put her

thumb impression. The thumb and finger print impressions on the reverse of the first sheet of the registered document appear prima facie to have been obtained at the time of registration of the said instrument. The FSL has not been able to reach a definitive opinion in this regard till date for the reason, as is explained by the prosecutor, the specimen impressions sent were not very clear. The investigation continues.

Be that as it may, in view of the report as to the authorship of the signatures on the questioned document, a case for release of the applicant on anticipatory bail is made out.

Thus, it is directed that in the event of the petitioner being arrested in the aforesaid FIR, he shall be released on bail by the arresting officer on furnishing personal bonds in the sum of Rs.50,000/- with one surety in the like amount subject to the following further conditions:- (i) The petitioner shall continue cooperating with the investigation and join the same as and when called upon to do so; (ii) The petitioner shall not come in contact with or try to influence any of the witnesses connected to the case;

(iii) Prior to his release, he shall give the telephone numbers of self and of at least one other responsible family member besides that of the surety to the investigating officer; (iv) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer or tamper with the evidence;

(v) He shall not leave India without the prior permission of the court of cognizance or the trial court, as the case may be, and to ensure due compliance with this condition and shall deposit his passport, if he holds one, with the said court; and This order will inure only till the date of first appearance of the petitioner in the event of a charge-sheet being filed on conclusion of the investigation and process being issued against him by the court of cognizance.

The petition stands disposed of in above terms. Dasti.

R.K.GAUBA, J JULY 26, 2018 nk