BAIL APPLN. NO. 1479/2012

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

%

BAIL APPLN. NO. 1479/2012

+ Date of Decision: 18^th December, 2012

#

Sumit Mehta

....Petitioner

!

Through: Mr. Aman Lekhi, Sr.

Advocate with Mr. Ankur Garg &

Mr. Nitin Bhatia, Advocates.

Versus

$

State of NCT of Delhi

.…Respondent

!

Through: Mr. M.N. Dudeja, APP

for the State. Mr. Vikas Pahwa, Sr.

Advocate with Mr. Pranyab Pathak,

Advocates for the complainant

CORAM:

*

HON'BLE MR. JUSTICE P.K.BHASIN

ORDER

The petitioner accused is claiming anticipatory bail in a case

registered against him vide FIR no. 104/2012 on 22.08.2012 for the

offences punishable under Sections 420/467/468/471 IPC on the

basis of the complaint made against him by the complainant.

2012:DHC:7532

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2. The case has been registered against four persons including the

petitioner herein at the behest of the complainant Harman Jaspal on

the allegations that in the year 2003 the complainant and the accused

petitioner had agreed to invest money together for running a petrol

pump in partnership with co-accused Kirpal Singh, who was already

running the same in the name of M/s Akaash Auto Center. The

complainant claimed to have invested a sum of two crores of rupees

in the said Firm in the year 2003. As per the further allegations

Kirpal Singh had at that time executed some documents showing that

he was authorising the complainant and petitioner to run the petrol

pump. However, formally the names of the petitioner and the

complainant could not be entered in the records of Indian Oil

Corporation, which had allotted the petrol pump to the said Firm of

accused Kirpal Singh, since at that time that was not permissible

under the guidelines of Indian Oil Corporation. However, in the year

2009 introduction of new partners for the running of existing petrol

pumps was made permissible and as per the allegations in the FIR the

petitioner took all documents executed by Kirpal Singh in the year

2003 from the complainant for getting their names entered in the

records of Indian Oil Corporation as the partners to the extent of

25%. Balance 75% interest in the petrol pump was to remain with

Kirpal Singh. However, the petitioner conspired with Kirpal Singh

2012:DHC:7532

BAIL APPLN. NO. 1479/2012

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and got fresh documents executed from him and by virtue of those

fabricated documents he exclusively became 25% partner in the

petrol pump business and the complainant was completely removed

from the scene and he was not even returned back the investment

made by him. That led to the lodging of a complaint at Naib Sarai

police station by the complainant but no FIR was registered and

then the complainant approached the EOW Cell which however

registered an FIR on 22.08.2012 for the already noted offences.

Apprehending his arrest the petitioner filed the present application for

anticipatory bail after failing to get that relief from the Sessions

Court.

3. Learned senior counsel for the petitioner had submitted that a

false case has been got registered by the complainant with the Crime

Branch and that is evident from the fact that even though the

documents were allegedly executed by Kirpal Singh alone and not by

the petitioner and the complainant in the year 2003 the FIR was got

registered after many years and further that the local police had at one

stage closed the complaint of the complainant and then by increasing

the investment amount the complainant had approached the Crime

Branch in the year 2012 even though he came to know about the

alleged fraud in the year 2009 itself when accused Kirpal Singh made

the petitioner only as his partner in the petrol pump business. It was

2012:DHC:7532

BAIL APPLN. NO.