Back
2023 Supreme(Del) 580
IN THE HIGH COURT OF DELHI AT NEW DELHI
ANISH DAYAL, J.
Ajay Khera – Appellant
Versus
State of GNCTD - Respondent
Bail Appln. 804 of 2023
Decided on : 20-04-2023
Advocate Appeared:
Mr. Vikas Pahwa, Sr. Adv. with Mr. Sumer Singh Bopari, Mr. Sidhant Saraswat, Mr. Arun Kumar, Mr. Varun Bhati, Ms. Namisha Jain and Mr. Suyash Goverdhan, Mr. Yudhivir Singh Chauhan, APP for the State with Insp. Awadhesh Kr. Singh, Mr. Ankur Chawla, Mr. Mudit Jain, Mr. Aamir Vihan, Mr. C.B. Bansal, Mr. Rudraksh Nakra and Ms. Garima Singh, Advs
The main legal point established in the judgment is that bail should be granted based on the nature of evidence, the accused's cooperation, and the likelihood of trial conclusion, especially in cases involving economic offenses.
Headnote:
Bail - Economic Offences - IPC 408/420/467/468/471 - [FIR No. 14/2022] - [IPC 408/420/467/468/471/120B] - The court discussed the allegations of misrepresentation, forgery, and diversion of funds leading to wrongful loss to the complainant company. The court analyzed the evidence, including representations, bank account scrutiny, and WhatsApp chats, and considered the petitioner's role, cooperation, and likelihood of trial conclusion in granting bail.
Fact of the Case:
The petitioner, a senior citizen, sought bail in a case involving allegations of misrepresentation, forgery, and diversion of funds causing wrongful loss to the complainant company. The charge sheet had been filed, and the petitioner had been in custody since September 23, 2022.
Finding of the Court:
The court found that the evidence was primarily documentary in nature, the petitioner had cooperated during the investigation, and the charge sheet had been filed. The court also noted the petitioner's age and likelihood of trial conclusion in granting bail.
Issues: The issues involved allegations of misrepresentation, forgery, diversion of funds, and the petitioner's role in the alleged offenses. The court also considered the likelihood of trial conclusion and the petitioner's cooperation during the investigation.
Ratio Decidendi: The court's decision to grant bail was based on the documentary nature of the evidence, the petitioner's cooperation, and the likelihood of trial conclusion. The court also considered the petitioner's age and observed that the trial was likely to take some time.
Final Decision: The court granted bail to the petitioner on furnishing a personal bond and surety, subject to various conditions including reporting to the investigating officer, providing a permanent address, and not leaving the country without prior permission.
JUDGMENT :
Anish Dayal, J.
By this petition regular bail is being sought for the petitioner in FIR No. 14/2022 lodged under sections 408/420/467/468/471/120B IPC with PS Economic Offences Wing. The petitioner is a senior citizen of 67 years of age and has been in custody since 23rd September, 2022. Charge sheet has been filed on 19th December, 2022.
2. As per the case of the prosecution, M/s. Seagull Maritime Agencies Private Limited (Complainant Company/Seagull) deals in the Freight Forwarding business in India and had started a branch in USA in 2010. It was alleged that the petitioner (an ex-employee of a group company) who was working with the Seagull as a legal consultant, requested the ex-promoters of Seagull to employ his son Siddharth Khera to look after the USA branch of Seagull. Accordingly, Siddharth Khera was appointed as Business Development Manager at the USA branch of Seagull. Seagull's management suspected that its revenue per annum was declining steadily from the highs in 2018 to the severe low in July 2021 and it was revealed that the alleged persons had incorporated two companies viz. Azure Freight & Logistics LLP (in November 2020) and Azure International LLC (in June 2020). They had started a parallel business that was taking away the clientele of Seagull by misrepresentation & forgery. It was alleged under the leadership of the petitioner and his son Siddharth Khera, payments were funneled made by clients of Seagull for shipments to the accounts of Azure International LLC. This apparently was being done by making wrong representations to Seagull clients that Azure is a group company of Seagull and they changed the name of the shipper in the bill of lading from Seagull to Azure. It is alleged that a wrongful loss of approximately Rs. 30 crores was caused to Seagull.
3. An investigation ensued and it was revealed that Siddharth Khera was indeed the Director of Azure International LLC and had been in employment of Seagull up to 30th June, 2021. He submitted his resignation on 1st July, 2021. Azure International LLC was incorporated in the month of June, 2020 in which allegedly Siddharth Khera and his wife Shruti Arora were the directors. It is further alleged that in the act of diversion of the business and funds, the ex-employees of Seagull and the present employees of the accused Azure were also actively involved in this conspiracy. The employees were using the IDs of Seagull even after their resignation from it and were using them for placing orders and delivery of consignments. It was further alleged that the amounts which were collected in Seagull's account in the USA were being sent back to India and being collected by the petitioner. As regards the role of the petitioner, it has been alleged that he was serving as Group President in a promoter company - World Window Group, of Seagull and was employed from 1st April, 2019 to 31st August, 2021. It was alleged that before handing over his laptop to the investigation agencies, the data in the laptop had been deleted. The petitioner had been assigned to provide consultancy services to Seagull.
4. A former director of Seagull also stated that he was contacted by the Kheras and was asked to work with Azure and make submissions before the police. The investigation has further recorded statements of other persons and also analyzed the WhatsApp chats of Siddharth Khera, Ajay Khera and other persons regarding such business. Further investigation has revealed that monies were dishonestly routed from the USA through Dubai to India, which was handed over to Ajay Khera amounting to around Rs. 18/19 crores. The prosecution alleges that the Khera family including Ajay Khera, Charu Khera, Aadhar Khera, Siddharth Khera and Shruti Arora are under the leadership of the petitioner and have carried out this fraud. As per statements of the witness, the petitioner had assured the management of Seagull that he would settle all the disputes. Scrutinies of various bank accounts of Azu
