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High Court of DelhiBAIL APPLN./1851/2017

Mohinder Jain v. State NCT Of Delhi

2018-07-09Hon'Ble Mr. Justice A.K. Pathak2 pages

$~9 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1851/2017 MOHINDER JAIN ..... Petitioner Through: Mr.D.R. Alok, Adv.

versus STATE NCT OF DELHI ..... Respondent Through: Dr.M.P.Singh, APP Mr.Himanshu Anand Gupta, Adv. for complainant

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 09.07.2018 Learned counsel for the petitioner says that Mr.B.R.Jindal had executed Power of Attorney in favour of the petitioner in respect of the property in question.

The petitioner executed another GPA in favour of Mr.Balwant Singh on the instructions of Mr.B.R.Jindal. Petitioner submits that petitioner has not executed any GPA in favour of the complainant/his mother. Sale transaction took place in the year 2005. The F.I.R. has been registered in the June, 2015. No amount was received by the petitioner. It is admitted in the complaint that the deal was negotiated with Mr.B.R. Jindal. The amount was paid by way of demand draft in favour of Mr.B.R. Jindal.

It is stated that the GPA was purportedly executed by the coaccused Balwant Singh.

The petitioner is not a beneficiary of the sale transaction. The petitioner has nothing to do with the property in question. Learned APP who is assisted by counsel for the complainant has contended that petitioner had conspired with co-accused B.R. Jindal,

Balwant Singh and Rampal Kundu and had received the demand draft. It is also contended that that the demand draft was given to Balwant Singh in the presence of the petitioner.

All the accused had conspired to cheat the complainant's mother.

It is further submitted that the petitioner has not disclosed the address of B.R.Jindal.

Learned counsel for the petitioner submits that the petitioner is not aware of the whereabouts of Mr.B.R.Jindal.

As per the knowledge of petitioner, Mr. B.R. Jindal has died long ago. Keeping in mind the totality of the facts and circumstances, it is ordered that in case of arrest, petitioner be released on bail, subject to his furnishing a personal bond in the sum of `50,000/-(Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the Investigating Officer/Arresting Officer/SHO concerned. Petitioner shall, however, cooperate in the investigation and appear before the Investigating Officer as and when called upon to do so.

Bail application is disposed of in the above terms. Dasti.

A.K. PATHAK, J JULY 09, 2018 Bisht