The Case
High Court was dealing with a Petition under Section 438 CrPC for seeking bail in anticipation of his arrest in FIR for the commission of offences under Sections 419,420, 120- B IPC registered at Crime Branch whereas the earlier bail application was rejected by the Court of Additional District and Sessions Judge in a settled NI Act Case off-shoot..
Brief Facts
As per Applicant Accused the aforesaid FIR was registered even though dispute was purely of civil nature as the same was related to sale and purchase of the land situated at Rajbagh, Srinagar, total value of the land was amounting to Rs.4.5 crores. The said deal did not fructify. The petitioner had issued cheques which were not honored by the bank. Case under Section 138 Negotiable Instrument Act (NI Act) was filed in the court of Chief Judicial Magistrate (CJM) Srinagar, but the same was compromised between the petitioner-Accused and complainant and the said compromise was accepted by the Court of CJM, Srinagar.
Still after receiving the entire due settlement amount from the petitioner; complainant filed instant false and frivolous FIR with the Crime Branch. The petitioner pleaded that if the Accused is not admitted to bail, his right to life and liberty would be curtailed; arrest of petitioner would cause his irreparable loss and injury to his reputation which would be maligned his status in the Society; the petitioner is law abiding citizen and has every respect for law; has deep roots in the society and therefore there is no apprehension that petitioner would flee from justice; petitioner undertook to abide any condition imposed by the Court and assured he will not temper prosecution evidence or hamper investigation.
On the other hand the Respondent-Crime Branch opposed the Bail on the grounds that petitioner along with co-accused are involved in a deal of sale and purchase of land in the amount of Rs. 4.5 crores, the complainant in the case has alleged that he has paid Rs. 45.00 lacs into the account of co- accused Kewal Krishan Dhar vide cheques and also Rs. 35.00 lacs were paid in cash through accused Ghulam Mohi ud Din Dar regarding the sale and purchase of patch of land. During the course of investigation, petitioner- accused was summoned to attend the Crime Branch as the case pertains to impersonation, grabbing of huge amount of money from complainant; earlier bail application moved by the petitioner-accused before the court of Principal Sessions Judge Srinagar has been rejected and other bail application moved by the petitioner- accused before the court of Additional Sessions, Judge, Srinagar also stands rejected.
High Court
High Court observed that facts clearly spells out that between the petitioner-accused and complainant the case regarding to sale and purchase of land is involved which case U/S 138 NI Act already stands compromised in the Court of CJM. Bench added that the transaction involved between the petitioner-accused and complainant is purely of a civil nature in regard to sale and purchase of land.
In this backdrop HIgh Court admitted the Accused to Interim Bail for two weeks in the sum of Rs. 50,000/- with personal bond of like amount to the satisfaction of the IO of the case with the direction that he will forthwith join the investigation before the concerned Investigating Officer
Cause Title : Ghulam Mohi ud Din Dar vs. UT of J&K
Counsel for Petitioner : Wasim Ramzan Lone
Counsel for Respondent : Asifa Padroo, AAG
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(With input from news agency language)
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