The Court considered the petitioner's efforts to settle the dispute, her age, and health condition in granting regular bail.

ORDER

The hearing has been conducted through Video Conferencing.

1. By this petition the petitioner seeks regular bail in case FIR No. 173/2015, under Sections 406/420/34 IPC, registered at PS C.R. Park.

2. Learned counsel for the petitioner states that the FIR in question was registered on 5th May, 2015 and the petitioner was arrested on 10th October, 2016 when she landed at IGI Airport from Kathmandu and 8 days police custody remand was granted whereafter she remained in judicial custody. Charge sheet was filed on 8th December, 2016 in the present case. The petitioner was granted interim bail by this Court on 17th May, 2017 since the petitioner was desirous of settling the matter with all the investors, however the said interim order was vacated on 8th July, 2021 when it was noted that the charge sheet was filed only qua 44 investors with whom the petitioner has settled the matter, however, only 40% of the amount qua other investors have been paid. Thereafter the petitioner surrendered to custody on 17th January, 2022 for the reason she was unwell and in ICU being aged more than 70 years and suffering from various ailments including osteoporosis as also the degenerative changes in intervertebral disc with high disc reduction and acute wedge compression collapse of D11 vertebral body. Learned counsel for the petitioner has placed on record a chart showing settlement arriving at between the parties which chart has also been placed by the State along with the status report.

3. The allegations against the petitioner in the above noted FIR lodged on the complaint of one Manish Chauhan and 28 other victims was that they had booked flats in the upcoming project of Pushpa Builders Ltd., namely, Colista Tower being launched by K.W. International Holdings, a proprietary of the company at gram Hasanpur, Bhovapur, now known as Vaishali Ghaziabad, U.P.. The company neither gave possession of the flats nor returned the money. Directions to register FIR were issued under Section 156(3) Cr.P.C. and the investigation of the case was transferred from PS C.R. Park to DIU on 10th September, 2015.

4. As per the charge sheet filed though the land in question was allotted, necessary approvals were granted and 1 Vi tower was built however, 3 towers could not be constructed as the PAC which was the owner of the adjoining area, objected to the construction claiming security issue and filed a petition before the Hon'ble High Court at Allahabad wherein stay of further construction was granted. In the meantime, winding up petition for the company was also filed with the result construction could not be completed in the sanctioned period of three years and due to the said complications flats could not be handed over to the investors.

5. As per the investigation Pushpa Builder Ltd. was incorporated on 15th July, 1986 in the name of Poonam Soin wife of V.K. Soin and Vinod Kumar Soin son of Shri Achal Soin, who were its Directors. After resignation of V.K. Soin, who was the brother of the petitioner, the petitioner became the Managing Director of Pushpa Builders Ltd. and her husband Rana Ranjeet Tewari is the proprietor of the firm K.W. International Holdings, which was marketing and developing the said project and had invited the investments on account of sale of the flats in the project Colista Tower. Rana Ranjeet Tewari could not be arrested and thus he was declared a proclaimed offender, however, as noted above when the petitioner landed at IGI Airport on 10th October, 2016 she was arrested.

6. As per the status report now filed by the Investigating Officer though charge sheet has been filed mentioning 44 victims as witnesses, however, during the course of investigation 171 victims came forward, that is, 127 more victims came forward during the course of investigation, though no supplementary charge sheet has been filed till date qua these 127 victims.

7. As per the status report victims mentioned at Serial Nos. 1 to 44 have been fully paid of their investments