2002 (8) TMI 888 - HC - Indian Laws

Summary

Issues:
1. Bail applications of Surinder Kairam and Tarun Kairam in a fraud case involving a partnership agreement and misrepresentation of TV Serial business.

Analysis:
1. The case involves Surinder Kairam and Tarun Kairam accused of defrauding the complainant of over Rs. 1.5 crores through a criminal conspiracy related to a partnership agreement for a TV Serial business.
2. The petitioners allegedly misrepresented the purchase of a TV Serial worth Rs. 1.75 lacs for a much higher amount, involving fake entities and bank transactions to deceive the complainant.
3. Surinder Kairam's counsel argued a civil dispute between the parties, highlighting the attachment of properties and health issues for seeking bail, while Tarun Kairam's counsel requested protection against arrest due to the filing of the charge sheet.
4. The prosecution opposed bail, emphasizing the gravity of the offense, active complicity of both petitioners, and their attempts to withdraw large sums post-arrest, challenging the credibility of bail applications.
5. The judgment considered the evidence, concluding that the petitioners engaged in a criminal conspiracy to cheat the complainant, indicating a lack of genuine investment and fraudulent financial transactions.
6. Surinder Kairam's interim bail on health grounds was questioned based on his active lifestyle post-bail, lack of conclusive medical evidence, and the seriousness of the offense, leading to the dismissal of his bail application.
7. The deliberate false representation in Surinder Kairam's application regarding prior bail applications and the lack of clean hands further contributed to the rejection of his bail plea.
8. Tarun Kairam's anticipatory bail was denied due to the filed charge sheet, directing him to seek regular bail from the trial court without any influence from the current judgment, highlighting his significant role in the fraud.

This detailed analysis of the judgment provides a comprehensive overview of the issues involved, the arguments presented by both parties, and the court's decision based on the evidence and legal principles cited in the case.