Delhi High Court
Brij Bhushan Sharma vs State, Nct Of Delhi on 16 July, 2015
Author: Suresh Kait
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 16th July, 2015
+ BAIL APPLN. 1313/2015
BRIJ BHUSHAN SHARMA ..... Petitioner
Represented by: Mr.Ramesh Gupta, Senior
Advocate with Mr. Rajeev
Kumar, Advocate.
Versus
STATE, NCT OF DELHI ..... Respondent
Represented by: Mr.Ravi Nayak, Additional
Public Prosecutor for the State
with SI Kuldeep Yadav, P.S.
Connaught Place.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. By way of this petition filed under Section 439 of the Code of
Criminal Procedure, 1973, petitioner seeks bail in case bearing FIR
No.75/2015 registered at Police Station Connaught Place for the
offences punishable under Sections 279/337/420/468/471 read with
Section 120-B IPC.
2. Facts of the case are that on 26.03.2015, the petitioner was
driving a vehicle bearing No. DL-9C-U-3400 (SUV-Fortuner) in a
very fast speed rashly and negligently and hit a person. Accordingly,
the FIR in question was registered against the petitioner, under
Sections 279/337 IPC. Since during investigation, it was found that
the petitioner is the third owner of the vehicle in question, which was
transferred in his name on the basis of the forged documents,
therefore, Sections 420/468 and 471 IPC were added subsequently.
3. As per the status report filed by SHO, Police Station Tilak
Marg, co-accused Niraj Kumar Singh was arrested on 22.06.2015 on
the instance of the petitioner. During interrogation, the said co-
accused confessed that he took Rs.40,000/- to get the car transferred
in favour of the petitioner on Delhi address and accordingly, gave all
the documents qua transfer of car to one person, namely, Ramnik
Chahal, who works as his Broker. The co-accused further disclosed
that the said Ramnik Chahal himself arranged the forged documents
qua Delhi residential address of the petitioner and for that purpose he
gave Rs.3,000/- to Ramnik Chahal.
4. As submitted, if the vehicle in question bearing Delhi number
would have been transferred by the petitioner at his Haryana address,
he would have to spent around Rs.2,50,000/- for the same. Thus, by
getting the vehicle transferred in his name at Delhi address on the
basis of the forged documents, as advised by the Financer, the
petitioner has saved around Rs.2,00,000/-.
5. No doubt, the Financer and other persons cannot be blamed for
the wrong deeds of the petitioner for the reason he himself was ready
to get the car transferred on Delhi address in his favour on the basis of
the forged documents. However, keeping in view the facts that the
petitioner is in custody since 20.06.2015, investigation is at the initial
stage, custodial interrogation is not required and the trial will take
substantial time, the petitioner has made out a case for releasing him
on bail.
6. Accordingly, the instant petition is allowed.
7. Consequently, petitioner shall be released on bail on his
furnishing a personal bond in the sum of Rs.50,000/- with one surety
in the like amount to the satisfaction of the Trial Court.
8. A copy of this order be given dasti to the learned counsel for
the parties.
SURESH KAIT
(JUDGE)
JULY 16, 2015
sb
