Delhi High Court
Saurabh Jain vs State (Nct Of Delhi) on 15 July, 2019
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 15.07.2019
+ BAIL APPLN. 1343/2019
SAURABH JAIN ..... Petitioner
versus
STATE (NCT OF DELHI) ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Shail Kr. Dwivedi, Mr. Siddharth Krishna
Dwivedi and Mr. Mohd. Sohail, Advs.
For the Respondent : Mr. Hirein Sharma, Addl. PP for the State with SI
Vikram Singh
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner seeks regular bail in FIR No. 57/2019 under Sections
420/408/468/471/34 of the IPC, Police Station Hauz Khas.
2. Subject FIR was registered on the complaint of Ms. Ambika
Pillai, contending that the petitioner was employed as an Accountant
by her and was handling her accounts. During examination of record,
she found that there were several discrepancies in the accounts and
further that he has employed his wife and started paying salary to her.
There are allegations of cheating as well as forgery.
3. Parties have entered into a settlement and settlement agreement
dated 11.07.2019 has been executed. As per the settlement, the
petitioner has undertaken to pay a total sum of Rs. 60 lakhs to the
respondent/complainant. Rs. 30 lakhs is to be paid at the time of grant
of bail and the balance Rs. 30 lakhs is to be paid at the time of
quashing/compounding of FIR. Copy of settlement agreement dated
11.07.2019, is filed in Court, same is taken on record.
4. Learned Addl. PP, under instructions from the IO submits that
information has been received by the IO that there is a settlement
between the parties.
5. Respondent/complainant is present in Court in person and has
been identified by the IO. She confirms the settlement agreement.
Pay Order in the sum of Rs. 30 lakhs has been handed over in Court
today. Ms. Ambika Pillai further submits that she has no objection to
the petitioner being admitted to regular bail.
6. The petitioner is in custody since 18.02.2019.
7. The FSL report dated 16.05.2019 has also been placed on
record by the IO. FSL report to some extent does not support the
allegations of forgery and qua some of the disputed documents has
opined that they appear to be in the handwriting and bear the
signatures of the persons who are purported to have signed the same.
8. Without commenting on the merits of the case and keeping in
view the totality of facts and circumstances of the case, I am satisfied
that petitioner has made out a case for grant of regular bail.
9. Accordingly, on petitioner furnishing a bail bond in the sum of
Rs. 20,000/- with one surety of the like amount to the satisfaction of
the Trial Court, petitioner shall be released on bail, if not required in
any other case. Petitioner shall not do anything which may prejudice
either the trial or the prosecution witnesses.
10. Petitioner shall also abide by the terms of settlement agreement
dated 11.07.2019.
11. Petition is allowed in the above terms.
12. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
JULY 15, 2019
'rs'
