Delhi High Court
Sunil Anand vs State ( Govt Nct Of Delhi) And Anr on 11 July, 2022
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Order pronounced on 11.07.2022
+ BAIL APPLN. 4520/2021
SUNIL ANAND ..... Petitioner
Through: Mr. Surinder Anand, Adv.
versus
STATE ( GOVT NCT OF DELHI) AND ANR ..... Respondents
Through: Ms.Meenakshi Chauhan, APP for the
State.
SI Sandeep, PS EOW.
Mr. Ajay Kumar, Advocate for
complainant.
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH
Talwant Singh, J.:
1. This is a regular bail application for grant of bail filed by the
petitioner in case FIR No. 0052/2017, under Sections
419/420/467/468/471/120B of the IPC in case registered with PS EOW
District Shahadara, Delhi. The petitioner was arrested on 27.11.2020.
2. It has been submitted on behalf of the petitioner that his role has been
mentioned on page 45 of the Charge-sheet filed by the prosecution and the
same is reproduced hereunder:-
"ROLE OF ACCUSED SUNIL ANAND
I. Sunil Anand impersonated as Rahul Sharma while
applying for home loans with the lender Financial Institutions
and signing Rent Agreement with Punit Aggarwal.
II. He also appeared before the Sub- Registrar
impersonating as Rahul Sharma in the time of registration of
Sale Deed dt. 23.04.2015 executed by Sunita Babbar in favour
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of Rahul Sharma.
III. Sunil Anand has also impersonated as Deepak Babbar,
Nitin Sharma while opening bank accounts in these names.
The loan amounts disbursed by Axis Bank and Reliance Home
Financial Ltd were credited in Bank A/c No. 3427397910 of
Sunita Babbar & Deepak Babbar.
IV. The cheated loan amount was withdrawn under the
signatures of Deepak Babbar which were authored by Sunil
Anand.
V. Forged title documents were prepared and submitted to
banks/financial for getting the loan from these financial
institutions."
3. It has been submitted that out of 18 accused persons, only two
accused persons were arrested in the present case and role of other arrestd
co-accused, namely, Sachin Sharma has been detailed in charge-sheet as
under:-
"I. Sachin Sharma was an active participant in the
criminal conspiracy to cheat to the complainant & financial
institutions on the strength of forged valuable security i.e.
forged chain of title documents. His mobile no. 9971603396 is
mentioned in Account opening Form of M.R. Enterprises, Ram
Lal Textiles, Nitin Sharma and Home Loan application
submitted to Axis Bank.
II. Huge amount of approx. Rs. 6.5 Crores is taken as loan
from Financial institutions on the basis of fake documents i.e.
valuable security.
III. Sachin Sharma has withdrawn the cheated money from
the bank accounts of Mange Ram Sharma, his firms namely
M/s M. R. Enterprises, M/s Ram Lal Textiles & Deepak
Babbar. He continued to operate the bank accounts of Mange
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Ram Sharma even after his death.
IV. He intentionally didn't inform the bank & financial
institutions that his father has expired. He got Central Bank of
India A/c No. 3325785579 of M.R. Enterprises, Proprietary
firm of Mange Ram Sharma closed on 9.10.2015 informing
that Mange Ram Sharma is suffering from ill health while
Mange Ram Sharma has already expired on 21.04.2015.
V. He had signed the registered Lease Deed Dt. 9.02.2016
with Rita Babbar enhancing the rent from Rs.54000 to
Rs.65000.8"
4. It has also been mentioned that written complaint was made by the
complainant Rita Babbar to EOW, Delhi Police against 17 delinquent
persons on 29.07.2016 and in pursuance thereto the present FIR was
registered. The present petitioner was not named in the said FIR; he was
arrested by officials of EOW on 27.11.2020 after 3 years and 8 months of
registration of the FIR in question. Charge-sheet was filed before the trial
Court on 13.02.2021. The only role assigned to the petitioner is that he had
impersonated himself as Rahul Sharma and as such the offence is alleged to
have been committed only under Section 419 IPC and the maximum
punishment for impersonation is three years. The complainant is the least
aggrieved person as her title to the property in question has not been
disturbed and it is the officials of the banks, who were cheated by unknown
persons but till date they have not made any complaint to the police
authorities.
4.1 Several bail applications moved by the petitioner have been dismissed
at district courts, even sometimes with costs, however, now the petitioner
has prayed for regular bail before this Court.
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5. Notice was issued.
6. A detailed status report was filed on 02.03.2022 mentioning therein
that certain loans were obtained by the accused persons fraudulently against
property No. D-117, Surajmal Vihar, Delhi, which was owned by the
complainant and the details are as under:-
"
LENDER LOAN AMT. OF PROPERTY
APPLICANT LOAN MORTGAG-
ED
Reliance Home Rahul Sharma 2 Crore D-117,
Finance Ltd Mange Ram Surajmal
RHHLDEL0000239 Sharma Vihar,
Dt. 20.03.2015 Delhi
Axis Bank Rahul Sharma 2,19,15,508/- D-117,
PHR063601339741 Mange Ram Sural Mal
Dt. 27.03.2015 Sharma Vihar,
Delhi
Cholamandalam Rahul Sharma 2.25 Crore D-117,
Investment & Mange Ram Surajmal
Finance Co. Ltd Sharma Vihar,
XOHEELD0000141 Nidhi Sharma Delhi
H54 dt. 30.04.2015
"
7. The accused persons had prepared forged death certificate dated
17.06.2013 of the complainant/Rita Babbar showing that she had died on
21.04.2012. The survivor family member certificate was prepared showing
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Ravinder Babbar (husband), Rajesh Babbar (son) and Sunita Babbar
(daughter) of allegedly deceased Rita Babbar. These three unidentified
persons appeared before the Sub-Registrar and two of them namely,
Ravinder Babbar and Rajesh Babbar, executed relinquishment deeds dated
10.11.2014 and 28.01.2015 relinquishing their share in the property in
question in favour of Ms. Sunita Babbar, who sold the said property to
Mange Ram Sharma and Rahul Sharma vide registered sale deeds dated
21.03.2015 and 06.04.2015 executed in favour of Mange Ram Sharma and
registed sale deed dated 23.04.2015 in favour of Rahul Sharma. Mange
Ram Sharma and Rahul Sharma took home loan from Axis Bank, Reliance
Home and Cholamandlam Investment & Finance Company Limited on the
basis of these symbolic forged sale deeds. Accused Sachin Sharma
disclosed the identity of the accused Sunil Anand, who had impersonated as
Rahul Sharma and Deepak Babbar, so he was arrested on 27.11.2020.
8. During the course of investigation, it was also found that the present
petitioner had impersonated as Nitin Sharma and Sanjay Awadh for opening
bank accounts under these names. The role of the present petitioner was
again reiterated as has been mentioned the beginning of this order. It has
been submitted that the petitioner has committed serious economic offence
and has cheated three financial institutions for about Rs.6.50 crores and
hence, the regular bail application has been strongly opposed.
9. Supplementary status report has been filed mentioning therein that the
petitioner has impersonated himself as Rahul Sharma before Dena Bank
wherefrom a housing loan of Rs.69 lakhs was taken fraudulently, but later
on this matter was settled out of the proceeds of another loan. The petitioner
had also impersonated as Rahul Sharma and entered into a rent agreement
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with Mr. Puneet Aggarwal, but Mr. Aggarwal had not filed any complaint
against him as due rent was paid to him. Previous involvement was verified
from PS Vivek Vihar, however, he was not found involved in any case but
as per the report of ICJS, petitioner was found involved in one other case
being FIR No. 373/2019 under Section 174A IPC, PS Narnaund, Distt.
Hansi, Haryana.
10. Further status report has been filed placing on record the copy of the
FIR No. 373/2019 under Section 174A IPC, PS Narnaund, Distt. Hansi,
Haryana. The said FIR was registered when the present petitioner was
declared a proclaimed offender (P.O.) in a case under Section 138 NI Act
filed by one Sh. Virender Saini against the petitioner.
11. The medical report of the present accused was called from the Jail
Superintendent , which has been filed on 24.05.2022. The relevant portion
of the report is extracted as under:-
"1. Inmate currently lodged in Central Jail No. 13.
2. He is known case of HTN & an old case of D12-L1 IDEM
(IntraDural Extra Medullary tumor) for which Laminectomy
and tumor excision was done in 2015 at private hospital. He
was reviewed by Dept of neurosurgery, GB Pant Hospital and
after fresh set of investigations; they found well defined
IDEM at D12-L1 with cord compression and advised for
surgery but was cancelled due to unwillingness of inmate.
3. On 21.05.2022, patient was presented to the emergency with
complaints of retained urinary catheter and was reviewed at
emergency of GTB Hospital, where old catheter was removed
under ultrasonographic guidance and a fresh catheter was
placed.
4. Currently, Patient is stable on wheel Chair (as he is
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paraplegic with urinary bladder & bowel involvement) and is
his vitals are within normal limits and he is receiving regular
medication from Jail OPD as per the advice of treating
doctors."
12. I have heard the learned counsel for the petitioner, complainant and
the learned APP and I have gone through the file. Learned counsel for the
petitioner has reiterated that out of 21 persons allegedly involved in the
present case, only two persons were arrested. The complainant is stated to
be hand in glove with the accused persons. The petitioner was arrested after
four years of registration of FIR. Nothing was recovered from the
petitioner. Moreover, the petitioner is 100% disabled and is seriously ill.
12.1 On the other hand, the learned APP and counsel for the complainant
have stated that it is the 12th bail application of the present petitioner and
earlier 11 bail applications have already been dismissed at the District Court
level, where costs were also imposed on the petitioner. He is involved in
other cases and he has committed a serious economic offence of cheating
three banks to the tune of Rs.6.50 crores in the present case.
13. In the present case the investigation qua the present petitioner is over,
although the same is pending regarding other accused who are yet to be
apprehended. It is true that the allegations are serious in nature as forged
and fabricated documents were prepared for commtting a fraud of
approximately Rs.6.50 crores as loans from three financial intitutions on the
basis of forged sale deeds.
14. The role of the petitioner has been specifically mentioned as he being
the person who impersonated as Rahul Sharma, Deepak Babbar, Nitin
Sharma and Sanjay Awadh before the office of Sub-Registrar and the bank
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institutions. Even the money was withdrawn under the signature of Rahul
Sharma and the said signatures were made by the present petitioner. The
Charge sheet has been filed against the accused persons, who were arrested.
Keeping in view the modus operandi and the important role played by the
present petitioner in the entire scam of obtaining loans from three financial
institutions on the basis of forged and fabricated documents, the matter
being still at the initial stage as only the charge-sheet has been filed, I am
not inclined to grant regular bail at this stage.
15. However, keeping in view the medical condition of the present
petitioner and especially in view of the report of Senior Medical Officer,
Central Jail dated 24.05.2022 and the factum that the present petitioner
requires medical treatment, I am inclined to release him on interim bail for a
period of two months from the date of his release on execution of personal
bond in the sum of Rs.25,000/- with two sureties of the like amount to the
satisfaction of the concerned Court, subject to the following conditions:-
(i) The petitioner shall utilize this period for getting treatment and file
the status report before the trial Court at the time of surrender regarding the
medical treatment availed by him.
(ii) This period of two months shall not be extended in any circumstance
and the petitioner shall surrender after expiry of period of two months before
the Jail Superintendent.
(iii) The Jail Superintendent shall send a report within one week from the
date of expiry of two months period regarding surrender by the present
petitioner before him to the concerned trial Court as well as to this Court.
(iv) The petitioner shall share his mobile phone number with the IO within
two days of his release and he shall keep the mobile location on at all time.
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(v) The petitioner shall not leave the jurisdiction of this Court during the
period of interim bail.
16. The bail application is accordingly disposed of with the above terms.
TALWANT SINGH, J
JULY 11, 2022/mr
Click here to check corrigendum, if any
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