DELHI HIGH COURT
MANOJ KUMAR OHRI
Amit Goyal – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. bail application under specific sections of the cr.p.c. (Para 1 , 7) |
| 2. arguments for and against the bail application. (Para 2 , 3 , 4) |
| 3. court's consideration of facts and previous proceedings. (Para 6 , 8 , 9) |
| 4. granting of bail subject to conditions. (Para 11) |
| 5. conclusion on the bail application. (Para 12 , 13 , 14 , 15) |
JUDGMENT
(VIA VIDEO CONFERENCING)
Manoj Kumar Ohri, J.
1. The present bail application has been filed under Section 439 read with Section 482 Cr.P.C. on behalf of the applicant seeking regular bail in FIR No. 229/2013 registered under Sections 420 /467/468/471/34 IPC at P.S. Uttam Nagar, Delhi.
2. Learned counsel for the applicant submitted that during the pendency of the regular bail proceedings before the Court below, a settlement was arrived at with the complainant, wherefore a sum of Rs.23 lacs was paid to him by the applicant. He also submitted that the applicant has already joined the investigation.
3. Learned APP for the State, on the other hand, duly assisted by learned counsel for the complainant, vehemently opposed the bail application. It was submitted that the applicant, along with his brother, i.e. accused/Deepak Goel, is part
The court holds that a legitimate pre-trial settlement can influence bail considerations, emphasizing that the accused may receive bail contingent upon compliance with conditions related to investiga....
Point of Law : Settlement Deed was taken on record by the concerned Court and after recording the statement of the complainant, acknowledging receipt of the amount of Rs.23 lacs and giving no-objecti....
Point of Law : Settlement Deed was taken on record by the concerned Court and after recording the statement of the complainant, acknowledging receipt of the amount of Rs.23 lacs and giving no-objecti....
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 court denied bail based on the severity of fraud charges and the accused's past conduct, emphasizing the need for continued scrutiny in the trial process.
The court considered the period of incarceration and the nature of the charged offenses in granting bail to the petitioner.
The principle of bail as a rule and jail as an exception was upheld, emphasizing personal liberty and the completion of investigation as key factors in granting bail.
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