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2020 Supreme(Del) 884

ANUP JAIRAM BHAMBHANI
Jayant Kumar Jain – Appellant
Versus
State – Respondent


Advocates Appeared:
Vikas Pahwa, Advocate, Sunil Mittal, Advocate, Vikas Sethi, Advocate, Anshul Mittal, Advocate, Neelam Sharma, Advocate

JUDGMENT

Anup Jairam Bhambhani, J. - The applicant, who is an accused in case FIR No. 53/2019 dated 28.03.2019 registered under sections 409/467/468/471/120B IPC at P.S.: Economic Offences Wing, New Delhi (''Delhi FIR'', for short), seeks regular bail.

2. Mr. Vikas Pahwa, learned senior counsel instructed by Mr. Sunil Mittal, learned counsel for the applicant, submits that the complainant is the real brother of the applicant, who has filed the FIR in relation to a property bearing No. 9, Hanuman Road, New Delhi (''subject property''). Mr. Pahwa submits that the essence of the allegation is that the accused persons, including the applicant, have illegally usurped the subject property by transferring its ownership to the applicant''s wife Mrs. Ekta Jain, who is also an accused in the matter. Senior counsel submits that, other thing apart, substantially the same allegation was investigated in an earlier complaint filed by the same complainant before P.S. : Hare Street, Kolkata, which led to the registration of FIR No. 329/2018 dated 25.11.2018 (''Kolkata FIR'', for short). While several allegations were investigated as part of the Kolkata FIR, one of the allegations was inter alia that

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