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2014 Supreme(SC) 979

DIPAK MISRA, UDAY UMESH LALIT
Jagmohan Bahl – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocate Appeared:
For the Appellants :Mr. Parag P. Tripathi and Mr. Arvind Verma, Senior Advocates, Mr. Neeraj Chaudhari, Mr. Ravjyot Singh, Mr. Rajesh Inamdar and Mr. Gautam Talukdar, Advocates.
For the Respondents:Ms. Pinki Anand, ASG, Mr. Prabal Bagchi, Mr. P.K. Dey, Ms. Rekha Pandey, Ms. Kritika Sachdeva, Mr. D.S. Mahra, Mr. Sanjeev Kumar, Mr. M.K. Naik, Mr. Sudhansu Palo and Mr. Rajesh Singh Chauhan, Advocates.

JUDGMENT :

Dipak Misra, J.

The present appeal, by special leave, is directed against the order dated 01.10.2014 passed by the High Court in CRLMC No. 3202/2014, whereby the learned Single Judge, in exercise of the jurisdiction under Section 439(2) read with Section 482 of the Code of Criminal Procedure, 1973 (CrPC), has set aside the order dated 20.06.2014 passed by the learned Additional Sessions Judge, Saket Courts, Delhi, who had granted the benefit of anticipatory bail to the appellants in FIR No. 92/2014 instituted for the offence punishable under Section 420/34 IPC, registered at P.S. Defence Colony, New Delhi.

2. The factual matrix that is required to be exposited for the purpose of disposal of the present appeal is that the 2nd respondent filed an FIR against the present appellants alleging that both of them had conspired against him and in furtherance of the said conspiracy, they had subjected him to cheating, criminal breach of trust and have misappropriated the money. As alleged in the FIR, the appellants allured the said respondent to buy a property situated at C-93, Defence Colony, New Delhi, for which he had paid an advance of Rs. 1,50,00,000/- (Rupees one crore fifty la



















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