RAJNISH BHATNAGAR
Asha Madan Alias Dolly Alias Asha Arora – Appellant
Versus
State (GNCT of Delhi) – Respondent
ORDER
Rajnish Bhatnagar, J.
1. This is a petition filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case FIR No. 63/2019 under Sections 420/468/471/201/506/174A/34 IPC registered at Police Station Pashim Vihar, Delhi.
2. Briefly stated, the facts of the case are that the complainant, in the month of January 2018, came in contact with the petitioner through one Mr. Mahesh Sharma as he wanted to purchase a flat in Punjabi Bagh Apartments. Upon this, the petitioner offered him to sell a flat No. 162, Punjabi Bagh Apartments, claiming that the said flat was allotted to one Channi Ram who is a resident of Rajasthan and in order to show his bona- fides, petitioner showed the complainant, a letter issued by DDA whereby the said flat was allotted to Channi Ram and also the Agreement to Sell executed by said Chhani Ram in favour of the petitioner qua the said flat. Thereafter, deal was finalized for a sum of Rs.1,50,00,000/-(one Crore Fifty Lakhs) and a sum of Rs.80,00,000/- was paid to the Rakesh Madan @ Rakesh Arora and his wife (Asha Madan @ Dolly @ Asha Arora i.e. petitioner herein) as part payment. Later on, Rs. 50,00,000/- were paid to Rakesh Madan@ Rakesh Aro
The court's decision emphasized the need to consider the specific circumstances of each case when granting bail, taking into account the nature of the offense, character of the evidence, and other re....
The court considered the period of incarceration and the nature of the charged offenses in granting bail to the petitioner.
Point of Law : Cases of similar in nature were pending - Bail granted - Pendency of other cases of similar nature by itself is no ground to refuse the bail to the accused.
The court may grant bail if continued custody does not serve justice, especially in cases where evidence is predominantly documentary and recovery of items is not imminent.
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