Delhi High Court
Pramod Kumar Goil vs State on 22 October, 2018
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on:22.10.2018
+ BAIL APPLN. 1183/2018
PRAMOD KUMAR GOIL ..... Petitioner
versus
STATE ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Gurpreet Singh with Mr. Jatin S. Sethi,
Advocates with wife of the petitioner.
For the Respondent : Mr. Hirein Sharma, APP for the State.
Insp. Nitin Kumar, EOW.
Mr. Sunil K. Mittal with Mr. Vipin K.
Mittal and Mr. Anshul Mittal,
Advocates for the complainant.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
22.10.2018
SANJEEV SACHDEVA, J. (ORAL)
BAIL APPLN. 1183/2018 & Crl.M.A.9818/2018 (for grant of
interim regular bail)
1. Petitioner seeks regular bail in FIR No.268/2009 under Sections
406/420/467/468/471/120B IPC, Police Station Economic Offences
Wing.
2. The allegations against the petitioner are the petitioner being a
shareholder/Director of M/s. Shree Bihari Forgings Pvt. Ltd. has
siphoned off and misappropriated some funds of the Company to the
detriment of the complainant, who is also a shareholder/Director of
the Company.
3. Petitioner had earlier been granted bail on 09.02.2016, inter
alia, subject to the condition that the petitioner shall deposit a sum of
Rs.50 lakhs with the Trial Court as a security. Petitioner could not
comply with the said condition so he was formally taken in custody.
4. At the time of arguments of the subject application, learned
counsel appearing for the complainant referred to the conditions
imposed by order dated 09.02.2016.
5. Accordingly, learned counsel for the petitioner sought time to
take instructions as to whether petitioner would be in a position to
either deposit the amount of Rs.50 lakhs or secure the same by way of
unencumbered immovable property of value in excess of Rs.50 lakhs.
6. Petitioner gave a proposal that he was willing to secure the said
amount against residential Plot No.248, Pocket-Q, Sector 20,
measuring 500 sq. meters in Yamuna Expressway Industrial
Development Authority, Greater Noida, District Gautam Budh Nagar.
It was submitted that the value of the said property was far in excess
of Rs.50 lakhs.
7. Matter was placed before the Registrar General of this Court,
by order dated 03.10.2018, to conduct an inquiry to ascertain the value
of the subject property.
8. Registrar General of this Court has submitted his report based
on the statement of the Officer from the Office of the SDM Gautam
Budh Nagar, who had produced certain documents including an
advertisement issued by the concerned Development Authority,
wherein, allotment of similar nature plots is being offered with the
reserve price of Rs.15,620 per sq. meter. In accordance with the
same, the value has been assessed to be approximately Rs.87,50,000/-.
9. An application has been produced in Court today supported by
an affidavit of the wife of the petitioner undertaking that she is willing
to place the said property as an alternative solvent security for grant of
bail till disposal of the trial in FIR No.268/2009. She has further
undertaken that she shall not alienate or surrender the said plot
without permission of the Court. Further, she has undertaken that she
shall pay the balance instalments, as and when they fall due, and also
clear the other dues to the Development Authority. The undertaking
is accepted.
10. The petitioner has been in custody since 29.11.2016.
11. Keeping in view of the facts and circumstances of the case and
without commenting on the merits of the case, I am of the view that
the petitioner has made out a case for grant of regular bail subject to
the following conditions:
(i) wife of the petitioner shall file an affidavit of undertaking
before the Trial Court undertaking that:
(a) she has placed the property being residential Plot No.
248, Pocket-Q, Sector 20, measuring 500 sq. meters in
Yamuna Expressway Industrial Development Authority,
Greater Noida, District Gautam Budh Nagar as a security
for grant of bail; and
(b) she shall pay all instalments and clear the dues of the
concerned Authority in accordance with their demands;
and
(c) that she shall not sell, alienate, transfer or encumber the
said property till the conclusion of the trial in FIR
No.268/2009.
(ii) wife of the petitioner shall deposit the original title deeds of
property being residential Plot No. 248, Pocket-Q, Sector 20,
measuring 500 sq. meters in Yamuna Expressway Industrial
Development Authority, Greater Noida, District Gautam Budh
Nagar with the Trial Court. Trial Court shall keep the original
documents in safe custody.
(iii) Petitioner shall furnish a bail bond in the sum of Rs.25,000/-
with one surety of the like amount to the satisfaction of the trial
court.
(iv) Petitioner shall not do anything, which may prejudice either the
trial or the prosecution witnesses.
(v) Petitioner shall further furnish to the Investigating Officer, as
and when so required by the Investigating Officer, all
documents in his power and possession with regard to the
subject Company
(vi) Petitioner shall not also sell, alienate, transfer or encumber any
of the assets of the Company which are in his power and
control.
(vii) Petitioner shall not leave the country without the permission of
the Trial Court.
12. Petitioner shall be released on bail, if not required in any case.
13. The Investigating Officer shall also forward a copy of this order
to Yamuna Expressway Industrial Development Authority for the
purposes of their records. Yamuna Expressway Industrial
Development Authority shall not grant permission for transfer of the
subject plot without leave of the Trial Court.
14. The petition is disposed of in the above terms.
15. Order dasti under the signatures of the Court Master.
OCTOBER 22, 2018 SANJEEV SACHDEVA, J
st
