Delhi High Court - Orders
Mohd Sami vs State on 16 October, 2023
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~53
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3341/2023
MOHD SAMI ..... Petitioner
Through: Mr. Kunal Madan, Advocate.
versus
STATE ..... Respondent
Through: Mr. Manoj Pant, APP for the State
with SI Ekta, PS Dabri.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 16.10.2023
1. The instant application has been filed under Section 439 of Code of Criminal Procedure, 1973 ('Cr.P.C.') on behalf of applicant seeking grant of regular bail in case FIR bearing no. 180/2023 registered at Police Station Dabri, South-West for offences punishable under Sections 420/467/468/471/120B of Indian Penal Code, 1860 ('I.P.C.').
2. Briefly stated, facts of the case as per complaint filed by complainant i.e., Anita Jain are that one late Sh. Modi Ram was the owner of property bearing plot no. 33A, Khasra No. 19/5/1, Chankaya Place Part-1, Block A- 1A, New Delhi ('Property'). The property was sold to one Sosamma Philip on 14.05.1991. Thereafter, on 31.07.2006 she had sold her share, measuring 128 square yards out of a total of 256 square yards of property, to the wife of co-accused Salauddin. Thereafter again, on 05.05.2008 Ms. Sosamma had sold her remaining share of the property to one Sh. Harish Kumar Sharma This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/10/2023 at 22:26:10 and one Sh. Manmohan. The wife of co-accused, i.e., Salauddin, had sold her share of the property to the complainant and one Ms. Shalu Jain. The bank officials had visited the property to claim possession over it on 10.01.2023, complainant had come to know about the execution decree/order dated 02.03.2021 passed in favour of Karnataka Bank Ltd. The complainant was thereafter informed that Karnataka Bank Ltd. had sanctioned and reimbursed a loan amount of Rs. 2 crore in the name of New World Enterprises, owned by present accused/applicant and co-accused Salauddin. Thereafter, present FIR dated 03.03.2023 was registered. The learned Trial Court had dismissed anticipatory bail application moved by co- accused, i.e., Salauddin, vide order dated 12.07.2023. The coordinate bench of this Court had dismissed another anticipatory bail application preferred by co-accused Salauddin vide order dated 24.07.2023. The present accused/applicant had surrendered at Police Station Dabri on 11.09.2023 and has been in judicial custody since then. Accordingly, he has approached this Court for grant of bail.
3. Learned counsel for applicant states that present applicant had not been named in the FIR and that the documents in question were executed by wife of co-accused Salauddin and not the applicant herein. It is stated that applicant has joined investigation twice and when he had gone to join investigation for the third time, on 15.09.20232, he was arrested without compliance with the guidelines laid down by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 and Satender Kumar Antil v. CBI SCC OnLine SC 825. It is further stated that there is no evidence to link present applicant with the offences of this case and that nothing is to be recovered from the accused. It is stated that applicant herein This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/10/2023 at 22:26:10 is suffering from several neurological disorders including hypothyroid, hypertension and has a spine problem since 2008. The present applicant is in judicial custody since 15.09.2023. It is argued that the present applicant has been falsely implicated in present case and therefore, bail application be allowed.
4. Learned APP for the State, on the other hand, states that present accused/applicant is a major shareholder holding 60 percent shares of New World Enterprises owned by present applicant and co-accused i.e., Salauddin, through which co-accused i.e., Salauddin and accused/applicant had obtained the loan from the bank based on forged documents and had mortgaged the property in question. It is stated that investigation is at a nascent stage and there are clear evidences that indicate towards the commission of offence of forgery. It is also stated that co-accused Salauddin is absconding and is yet to be arrested and accused/applicant had not cooperated in disclosing his whereabouts. It is further stated that accused/applicant had not cooperated in the recovery of the said outstanding amount. The custodial interrogation of applicant is necessary to unearth the conspiracy and recover the said amount. Therefore, bail application be rejected.
5. I have heard arguments addressed on behalf of both sides and have gone through the case file.
6. In the present case, the allegations against accused/applicant, in a nutshell, are that on 10.01.2023, complainant had come to know that a loan amount of Rs. 2 crore had been obtained from Karnataka Bank Ltd. in the name of New World Enterprises, owned by present accused/applicant and co-accused Salauddin. During investigation, it was revealed that co-accused This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/10/2023 at 22:26:10 Sallauddin had forged property documents in connivance with accused/applicant and had faked the death certificate of co-accused Salauddin's parents. The accused/applicant and co-accused had transferred the outstanding amount to other firms wherein accused/applicant was the authorized signatory of the company.
7. A perusal of status report reveals that accused/applicant is a major shareholder holding 60 percent of the shares of New World Enterprises and co-accused Salauddin holds 40 percent of the shares of the company. The accused/applicant had disclosed that co-accused Salauddin had taken Rs. 80 Lakhs from the total outstanding amount and had transferred the remaining amount of Rs. 1.20 Crores to other firms. As far as the contentions with regards to health problems of accused/applicant are concerned, this Court notes that accused/applicant is under constant monitoring by a doctor. Learned APP for the State has drawn attention of this Court to the fact that co-accused Salauddin has been absconding and has been evading arrest since the filing of the present FIR.
8. Considering the overall facts and circumstances of the case, this Court is of the view that the investigation is pending in this case and is at an initial stage, and allegations levelled against accused/applicant are of commission of serious offences of cheating and forgery, therefore, no ground for grant of bail is made out, at this stage.
9. Accordingly, present bail application stands dismissed.
10. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J OCTOBER 16, 2023/kd Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/10/2023 at 22:26:10