Kuldeep Singh Kapur v. State

ORDER o/o

29.07.2013 CRL.M.A.No.9991/2013 (Exemption^ in BAIL APPLICATION NO. 1187/2013 and CRL.M.A.No.9992/2013 (Exemption^ in BAIL APPLICATION NO. 1188/2013 Subject to the petitioners filing the certified copies of the documents placed on record within four weeks, the applications are allowed and disposed of. Bail Applications No. 1187/2013 & 1188/2013 BAIL APPLICATION NO. 1187/2013 and BAIL APPLICATION NO. 1188/2013

¶1The present bail applications have been filed by the petitioners under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.344/2013 registered under Sections 408/420/467/468/471/120B IPG at PS Mehrauli, Delhi.

¶2Learned Senior Advocates appearing for petitioners state that the dispute, subject matter of the present connplaint,is largely civil in nature and the complainant, who is a permanent resident of United Kingdom, has instituted a civil suit on the original side of this Court, which is pending consideration. They submit that an interim order was passed in the said suit, directing that no third party interest shall be created in respect of property bearing No.NH-1, Community Centre, Friends Colony, New Delhi, a property belonging to the family held trust of which the complainant was also a trustee. It is further stated that both the petitioners have been cooperating in the investigation and they have been appearing before the 10 as and when called.

¶3A detailed status report has been filed by the State. Learned APP for the State, on instructions from the 10, confirms the fact that the petitioners have been joining the investigation as and when called and their presence shall be required in the future too,as the Bail Applications No. 1187/2013 & 1188/2013 investigationis still at the nascent stage. He states that if the custodial investigation of any of the petitioners is required, then they shall be put to notice at least 10 days in advance.

¶4In view of the submissions nnade by the learned Senior Advocatesappearing for the petitionersthat the petitionershave been joining investigation,which fact is not denied by the learned APP for the State, it is directedthat in the event of arrest, the petitionersshall be released on bail, subject to their furnishing a personal bond in the sum of?50,000/- each with one surety each in the like amount, to the satisfaction of the investigating officer/arresting officer. Needless to state that the petitionersshall fully co-operate in the investigationand will not create any hindrance or impediment during the course of investigation. Further, the petitioners shall not leave the country without informing the 10.

¶5The petitions are allowed and disposed of. Dasti. JULY 29, 2013 sk HIMA KOHLI, J Bail Applications No. 1187/2013 & 1188/2013

3 &4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAILAPPLN. 1187/2013 KRISHAN KUMAR BATRA Petitioner Through : i^ir. Arvind Nigam Sr. Advocate with Mr. Vishal Gosain and Mr. Vil<ram Pradeep, Advocates AND + BAIL APPLN. 1188/2013 KULDEEP SINGH KAPUR Petitioner Through : Mr. Rakesh Tiku, Sr. Advocate with Mr. Chetan Lokur, Mr. Mayank Mikhail Mukherjee and Mr. Abhishek Vikram, Advocates versus state Respondent Through : Mr. Mr. Naveen Sharma, APP for the State with Insp. V.P. Jha, PS Mehrauli. Mr. Ramesh Gupta, Sr. Advocate with Mr. Tanveer Mir, Mr. Prashant Mehta and Mr. Himanshu Kapoor, Advocates for the complainant. CORAM: HON'BLE MS. JUSTICE HIMA KOHLI