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IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Sharma, J.
Navpreet Singh – Appellant
Versus
The State – Respondent
Bail Appln. 1075 of 2023
Decided On : 01-09-2023
Forgery - Bail Application - CrPC - IPC 406/409/419/420/467/468/471/120B - [CrPC 439, CrPC 482, IPC 406, IPC 409, IPC 419, IPC 420, IPC 467, IPC 468, IPC 471, IPC 120B] - The court discussed the bail application under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 seeking regular bail in a case under Sections 406/409/419/420/467/468/471/120B of the Indian Penal Code, 1860. The court considered the gravity of the offence, the object of the Special Act, and the attending circumstances, along with the period of sentence, and emphasized that an economic offence cannot be classified as such, as it may involve various activities and may differ from one case to another. The court also highlighted the principle that the grant of bail is the rule and refusal is the exception, and that the gravity of the offence is an aspect to be kept in view by the Court. The court emphasized that irrespective of the nature and gravity of charge, the precedent of another case alone will not be the basis for either grant or refusal of bail, and that the consideration will have to be on a case-to-case basis on the facts involved therein and securing the presence of the accused to stand trial.
Fact of the Case:
The applicant sought regular bail in a case under Sections 406/409/419/420/467/468/471/120B of the Indian Penal Code, 1860. The prosecution alleged that the accused obtained a cash credit limit from a bank using forged documents and impersonation, and the applicant was a direct sales agent involved in the forgery.
Finding of the Court:
The court allowed the bail application, considering the gravity of the offence, the period of sentence, and the principle that the grant of bail is the rule and refusal is the exception. The court emphasized that the gravity of the offence is an aspect to be kept in view by the Court and that the consideration for bail will have to be on a case-to-case basis on the facts involved therein and securing the presence of the accused to stand trial.
Issues: The main issue was whether the applicant should be granted bail in a case involving economic offences, forgery, and impersonation.
Ratio Decidendi: The court emphasized that the grant of bail is the rule and refusal is the exception, and that the gravity of the offence is an aspect to be kept in view by the Court. The court also highlighted the principle that irrespective of the nature and gravity of charge, the precedent of another case alone will not be the basis for either grant or refusal of bail, and that the consideration will have to be on a case-to-case basis on the facts involved therein and securing the presence of the accused to stand trial.
Final Decision: The bail application was allowed, and the applicant was admitted to bail upon furnishing a personal bond and subject to certain conditions.
JUDGMENT
Amit Sharma, J. The present application under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 (`CrPC') seeks regular bail in case FIR No. 63/2018, under Sections 406/409/419/420/467/468/471/120B of the Indian Penal Code, 1860 (`IPC'), registered at P.S. Economic Offences Wing (`EOW').
2. It is pertinent to note that by separate judgments of same date, this Court has disposed of two other bail applications preferred by the present applicant, i.e., BAIL APPLN. 1575/2023 in relation to case FIR No. 65/2018, under Sections 406/409/419/420/467/468/471/120B of the IPC, registered at P.S. EOW and BAIL APPLN. 1578/2023 in relation to case FIR No. 62/2018, under Sections 406/409/419/420/467/468/471/120B of the IPC, registered at P.S. EOW. The allegations in the said FIRs are similar to ones in the present case.
3. The case of the prosecution, as per status report dated 02.05.2023, authored by Mr. Ramesh Kumar Narang, Assistant Commissioner of Police, Economic Offences Wing, Delhi, is as under:
"2. That the brief facts of the case are that one Harpreet Singh R/o Block-WZ, 69, Floor, Asha Park, Jail Road, New Delhi, sole proprietor of M/s Dashmesh Enterprises having its office at B-4, Ground Floor, Asha Park, Jail Road, New Delhi, obtained a cash credit limit worth Rs.50 Lakh from the complainant bank in the name of his above firm.
3. That the above said credit facility was guaranteed by one Sh. Kewal Krishan Abrol by creating equitable mortgage in the property and title deed of property bearing No. C-2/C-12/81, Janak Puri, New Delhi110035 was deposited in the bank. Later on, the borrower defaulted in the payments and his account was declared Non-Performing Asset. On enquiry, it was found that the title deed of the mortgaged property was forged as the guarantor namely Sh. Kewal Krishan Abrol had already expired on 07.07.2013, however, the loan was sanctioned in 2016.
4. That, during the course of investigation, the complainant was examined and relevant documents related to the sanction of the cash credit facility to M/s Dashmesh Enterprises (Prop. Gurmeet Singh @ Harpreet Singh) were seized. On perusal of the said documents, the following facts emerged:
a) A cash credit facility worth Rs.50 Lacs were sanctioned by the complainant bank to M/s Dashmesh Enterprises (Gurmeet Singh @ Harpreet Singh) vide sanction letter dated 25.02.2016.
b) Against these facilities, the borrower had signed hypothecation agreement of goods and book debts in favour of the complainant bank.
c) The cash credit facility was availed by the alleged firm/person namely M/s Dashmesh Enterprises/Harpreet Singh in the year 2016 by mortgaging a property in the name of Sh. Kewal Krishan Abrol and an Agreement of Guaranteee was also executed by some unknown impersonator as of Kewal Krishan Abrol. However, said Kewal Krishan Abrol had already died in the year on 07.07.2013.
d) Accused Gurmeet Singh had impersonated himself as Harpreet Singh & used the forged sale deed of Kewal Krishan Abrol and provided false documents to the complainant bank for availing the cash credit facility.
e) The firm was got registered with Department of Trade & Taxes only on 19.02.2016 and loan was sanctioned on 24.02.2016.
5. That, during the course of investigation, accused Rajiv Kumar Nigam, the then Branch Manager of the complainant bank, Gurmeet Singh @ Harpreet Singh and the petitioner herein were arrested.
5. That during interrogation, accused Gurmeet Singh @ Harpreet Singh disclosed that he was in urgent need of money, for which, he came in contact with petitioner, who introduced him to one Harjeet Singh. Further, Harjeet Singh introduced him to Rajiv Kumar Nigam, the then Branch Manager of Punjab National Bank, Jangpura, Bhogal. They all informed him that they will help him in sanction of the loan. Further, they will take their share, once the loan is sanctioned. The forged Conveyance Deed of Kewal Krishan Abrol was prepared by the Petitioner and Harjeet Singh and
The main legal point established in the judgment is that the grant of bail is the rule and refusal is the exception, and the gravity of the offence is an aspect to be kept in view by the Court. The c....
The main legal point established is that bail is the rule and jail is the exception, and the decision to grant bail should consider the seriousness of the charge and the severity of the punishment.
The judgment emphasizes the need to balance personal liberty with the security of the community, considering the gravity of the alleged economic offences and the period of sentence.
The judgment emphasizes the right to a speedy trial under Article 21 of the Constitution of India and the consideration of fresh grounds for a second bail application in cases involving financial fra....
The court established that in cases of economic offences, while the gravity of the allegations is significant, the presumption of innocence and the nature of evidence must also be considered when dec....
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