CRL.M.C.--3903/2019. Case: LALITA SAINI Vs. STATE & ANR. High Court of Delhi (India)
| Case Number | CRL.M.C.--3903/2019 |
| Citation | NA |
| Judgement Date | August 14, 2019 |
| Court | High Court of Delhi (India) |
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on : 09.08.2019 Date of Decision: 14.08.2019
+ CRL.M.C. 3903/2019 and CRL.M.A. 33058/2019 (stay)
LALITA SAINI ..... Petitioner
Through: Mr. Anurag Jain and Ms. Ayushi Sharma, Advocates.
versus
STATE & ANR ..... Respondents Through: Ms. Manjeet Arya, APP for State with with Insp. Ashwani Kumar, EOW.
Mr. Dinesh Kumar Sabharwal, Mr. Sameer Bhatnagar and Ms. Heena Ahluwalia, Advocates for R-2.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI MANOJ KUMAR OHRI, J.
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By way of present petition filed under Section 482 CrPC read Section 439(2) CrPC, the petitioner has brought a challenge to an dated 02.08.2019 passed by the District and Sessions Judge (North-Rohini, Delhi, whereby respondent No. 2 was granted “default bail”
of Section 167(2)(a)(ii) CrPC on the ground that the prosecution has to file the charge-sheet within the stipulated period of 60 days from the dat of the first remand. It is contended that in the present case the period for filing the charge-sheet is 90 days. A status report has been on behalf of the state, supporting the petition.
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The proceedings arise out of FIR No.66/2016, registered Sections 506/409/420/120-B IPC at Police Station Subhash Place, Delhi and now being investigated by the Economic Offences Wing New Delhi. Initially, the FIR was registered under Sections 420/406 however, during the course of investigation, Section 409 IPC was added 15.06.2019. The respondent No.2 was arrested on 03.05.2019.
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Ld counsel for the petitioner submitted that initially, the application filed by the Respondent no.2 seeking benefit of “default under Section 167(2) CrPC, claiming that the charge sheet ought to been filed within 60 days, was dismissed by the CMM vide order
08.07.2019. The said order was challenged by the respondent No.2 by of a Revision Petition before the Sessions Court. The District and Judge, while referring to the decision rendered by Supreme Court in the case of Rakesh Kumar Paul vs. State of Assam reported as (2017) 15 SCC held that for an offence punishable under Section 409 IPC, the period for filing the charge-sheet was 60 days in terms of the contained in Section 167(2)(a)(ii) of CrPC and consequently granted “default bail” to the respondent No.2.
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Briefly, the facts, as stated in the FIR are that the respondent along with other co-accused persons was a member of the governing /managing committee of one Vedanta Welfare Society. It is alleged accused persons misrepresented to the victims that the Society, allotting membership to 700 members, was in the process of acquiring more land to increase the membership of the society to 850 members. The members were required to deposit the full value of the land which approximately Rs.11 lacs for a three-bedroom flat. The cost of
was linked with the progress of the construction. The complainant and other victims paid the demanded amounts however, neither the share nor the membership was allotted to them. The complainant along with family members had deposited about Rs.33,95,000/- however, d passage of time neither the money was refunded nor any share was allotted...
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