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(2023) Law Today Live Doc. Id. 17474
Decided on: 12.01.2023
For Petitioner(s):
Mr. Bharat Bhushan, AOR
For Respondent(s):
Mr. Avishkar Singhvi, Adv. Mr. Vivek Kr., Adv. Mr. Ajay Pal, AOR
Indian Penal Code, 1860 (45 of 1860), Section 420 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Constitution of India, Article 136 -- Cheating – Anticipatory bail -- Complainant entered into an agreement to sell the property, and that despite obtaining more than Rs. 5 lakhs for executing that agreement, the petitioner executed a General Power of Attorney in favour of someone else for the same property – Dispute is also the subject matter of civil proceedings and suits for permanent injunction and specific performance are pending -- Petitioner was granted interim protection since the date of first hearing i.e. 08.07.2021 – SLP allowed, petitioner directed to be enlarged on bail.
(Para 1-4)
ORDER
1. The petitioner is accused of having committed offence punishable under Section 420 IPC named in the FIR dated 04.10.2020. The allegations based upon which the FIR was lodged that the complainant entered into an agreement to sell the property, and that despite obtaining more than Rs. 5 lakhs for executing that agreement, the petitioner executed a General Power of Attorney in favour of someone else for the same property.
2. The materials on record disclose that the dispute is also the subject matter of civil proceedings and suits for permanent injunction and specific performance are pending.
3. Given these circumstances, and also taking into account the fact that the petitioner was granted interim protection by this Court since the first date of hearing i.e. 08.07.2021, this Court is of the opinion that he had to be enlarged on bail. The impugned order is set aside.
4. The petitioner is directed to be enlarged on bail subject to such terms as the Trial Court may deem appropriate in the circumstances.
5. The Special Leave Petitions are allowed.
6. Pending applications, if any, shall stand disposed of.
Petitions allowed.
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