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DELHI HIGH COURT
SUDHIR KUMAR JAIN
Jaspal Singh Anand – Appellant
Versus
GNCT of Delhi – Respondent
| Table of Content |
|---|
| 1. allegations of fraud and loan default (Para 1 , 2) |
| 2. counterclaims regarding the loan transactions (Para 3) |
| 3. investigation findings and victim testimony (Para 4 , 7 , 8) |
| 4. conditions for bail granted (Para 5 , 11) |
| 5. court's procedural decisions on bail (Para 6 , 10) |
JUDGMENT
1. The present application is filed under section 439 Cr.P.C read with section 482 Cr.P.C for grant of regular bail on behalf of the applicant Jaspal Singh Anand under section in FIR bearing no. 0096/2018 under section 406/420/34 IPC registered at P.S. Economic Offences Wing and the applicant is stated to be in judicial custody since 31.05.2018.
2. The perusal of FIR bearing no. 0096/2018 reflects that it was got registered on the basis of complaint made by Maninder Singh s/o Surinder Singh wherein it was stated that the applicant and his wife namely Raminder Kaur @ Simmi are running a boutique at C-1/122, First Floor, Janakpuri, New Delhi under the name and style of Dulhan Boutique and are known to the complainant and his relatives. The applicant and his wife Raminder Kaur @ Simmi approached the complainant for taking a friendly loan with assurance to return the same back as early as pos
A bail application can be granted despite prior cancellation if the investigation is complete and appropriate conditions can ensure the accused's presence at trial.
The main legal point established in the judgment is that the purpose of the money transferred to the accused, as well as the absence of flight risk and fear of tampering with evidence, were crucial f....
The main legal point established in the judgment is the court's discretion in granting bail based on the absence of flight risk, the nature of the alleged offense, and the potential impact on trial p....
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 judgment emphasizes the importance of balancing personal liberty with the security of the community and the presumption of innocence until proven guilty.
Grant of Bail - Jurisdiction to grant bail must be exercised on the basis of the well-settled principles having regard to the facts and circumstances of each case.
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....
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