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IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, J.
Sunder Singh Bhati & Ors. - Appellants
Versus
State & Ors. - Respondents
Bail Appln. 3750 of 2021 and Bail Appln. 3921 of 2021
Decided On : 17-01-2022
Cheating - Bail Application - IPC 406/409/420/120B - Summary
Fact of the Case:
The petitioners sought regular bail in a case involving cheating and fraud under IPC Sections 406/409/420/120B. The accused company, SMP IMPEX Pvt. Ltd., and its officials were accused of inducing investments with false promises of high returns, resulting in a complaint by an ex-serviceman and subsequent FIR.
Finding of the Court:
The court found that the petitioners were involved in a multi-person scam involving over Rs. 200 crores, actively participating in inducing the public and siphoning off cheated money. The court noted that the gravity of the offences could lead to life imprisonment upon conviction.
Issues: The main issues revolved around the involvement of the petitioners in the scam, their association with the accused company, and their role in inducing investments and siphoning off the cheated money.
Ratio Decidendi: The court considered the gravity of the offence, the right to personal liberty, and the need to balance the accused's presence at trial with the risk of interference in the administration of justice. It emphasized that continued custody was no longer required as chargesheets had been filed and evidence was primarily documentary in nature.
Final Decision: The court granted bail to the petitioners, subject to stringent conditions, considering their prolonged custody, the nature of available evidence, and the absence of apprehension of interference in the trial.
ORDER
Subramonium Prasad, J. - The Petitioners seek regular bail in FIR No. 89/2019 dated 01.06.2019 registered at Police Station Economic Offences Wing for offences under Sections 406/420/409/ 120B of the Indian Penal Code, 1860 (hereinafter," IPC").
2. The facts, in brief, leading up to these petitions are as follows:
a. A complaint was filed by ex-serviceman, Sh. Dharmender Singh, stating that SMP IMPEX Pvt. Ltd. (Hello Taxi) (hereinafter, "the Company"), and its Directors/Officials, Dr. Saroj Mahapatra, Mr. Rajesh Mahto, Ms. Daisy Vijay Menon, Mr. Sunder Singh Bhati and other unknown persons had committed cheating and fraud.
b. It is stated that the Complainant had received a message and an email from the Company stating that if he invested his money, they would give him a 200% return within 1 year. The Directors, Dr. Saroj Mahapatra and Rajesh Mahto called the Complainant and invited him to Netaji Subhash Place where they told him about the Company and explained their plans to expand it on the lines of Uber/Ola. They told the Complainant that the Company was registered with RBI and SEBI. They further made the Complainant meet one Mrs. Daisy Vijay Menon who showed the Complainant the plan of the Company.
c. It is stated that after much insistence, the Complainant invested Rs. 9,00,000/-. Further, the Complainant's friends, namely Rajesh Kumar, Rajender Singh, Yogender Singh, Umed Singh, Ajay, Sunil also invested Rs. 15 to 20 lakhs. It is stated that on the 10th of every month, instalment would be sent to the account of the investors, however, after the first two months, no instalment was made. On speaking with Harish Bhati and Rajesh Mahto, the Complainant was informed that he would getthe third instalment by 15th of the month, i.e. 15th March, however, the third instalment was still not made. On calling the Company, Saroj Mahapatra showed the Complainant a clip from social media showcasing that the Company's accounts had been frozen.
d. It is stated that the Complainant's money has not been returned till date and that the accused do not pick up the calls of the Complainant. Stating that the Complainant and many others have been defrauded of their money, the complaint was filed on the basis of which the instant FIR was registered.
e. The Petitioner in BAIL APPLN. 3750/2021 filed an anticipatory bail application before the Ld. Trial Court which was dismissed vide Order dated 03.08.2019. The Petitioner in BAIL APPLN. 3750/2021 was declared absconder/proclaimed offender on 17.02.2020 and was arrested on 09.12.2020. Anticipatory bail application before this Court was dismissed as infructuous vide Order dated 16.08.2021. Bail application under Section 437 Cr.P.C. of Petitioner in BAIL APPLN. 3750/2021 was dismissed vide Order dated 05.07.2021. Bail application under Section 439 Cr.P.C. of Petitioner in BAIL APPLN. 3750/2021 was dismissed by the Sessions Court vide Order dated 23.09.2021.
f. An anticipatory bail application was filed by the Petitioner in BAIL APPLN. 3921/2021 which was dismissed by the Ld. Trial Court vide Order dated 19.09.2019. The Petitioner in BAIL APPLN. 3921/2021 was declared absconder/proclaimed offender on 17.02.2020 and was arrested on 22.08.2020. Bail applications before the Ld. CMM and the Ld. ASJ, Rohini were dismissed vide Orders dated 11.09.2020 and 24.09.2020, respectively. After filing of chargesheet, yet again bail application before the Ld. CMM was dismissed vide Order dated 10.05.2021.
3. Mr. Pradeep Singh Rana, learned Counsel for Petitioner in BAIL APPLN. 3750/2021, submits that the Petitioner has been languishing in jail since 09.12.2020. He submits that no recovery has been made from the Petitioner or at the instance of the Petitioner, and that, therefore, there is no link tying the Petitioner to the alleged scam. He brings to the attention of this Court that the Petitioner is neither an authorized signatory nor a director of the accused Company, and that there is nothing to suggest that the Petiti
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