Back
DELHI HIGH COURT
SUBRAMONIUM PRASAD
Sudarshan Singh Aswal – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. overview of fir and facts related to property transactions. (Para 1 , 2 , 3) |
| 2. arguments regarding abuse of process and intent to defraud. (Para 4 , 5 , 6 , 7 , 8) |
| 3. court's criteria and reasoning for granting bail. (Para 9 , 10 , 11 , 12 , 13) |
| 4. conclusion on bail conditions and order. (Para 14 , 15 , 16) |
JUDGMENT
Subramonium Prasad, J. This petition under Section 439 Cr.P.C is for grant of bail to the petitioner in FIR No.328/2019 dated 05.11.2019, registered at Police Station Crime Branch for offences punishable under Sections 406 , 419, 420, 467, 468, 471 read with Section 120B IPC.
2. Facts, in brief, leading to the present petition are as under:
a) The instant FIR was registered on the complaint given by one Ravinder Kler (hereinafter referred to as 'the complainant'). The complaint was received in the Special Investigation Unit-I, Crime Branch, Delhi. It is stated that the complainant is a Doctor by profession practicing in Delhi. It is stated that the complainant met one Vinod Thapa (accused No.1) in a social gathering wherein Vinod Thapa introduced himself as a property dealer who had been in the business since several years and was handling high profil
The court's decision to grant bail was based on the completion of investigation, primarily documentary evidence, and the accused's custody for the past year, in line with the principles laid down by ....
Bail can be granted under stringent conditions, even for serious economic offenses, once investigations are complete and there's no necessity for further custody.
Point of Law : Legal position set out in the decision referred to hereinabove, the instances of forgery committed by the applicant, not only in the transactions entered with the complainant but also ....
Point of Law : Legal position set out in the decision referred to hereinabove, the instances of forgery committed by the applicant, not only in the transactions entered with the complainant but also ....
The main legal point established in the judgment is the interpretation and application of key legal provisions related to fraud, cheating, and creating false documents under the Indian Penal Code.
Point of law : Fact as to whether the petitioner can be convicted for an offence under Section 467 IPC with the aid of Section 120B IPC will be decided only at the time of trial, after evidence is le....
Bail is granted when the accused has not misused liberty, factors indicate compliance, and the presumption of innocence is upheld; restrictions are imposed to ensure trial cooperation and prevent abs....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
