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TMI Blog2012 (7) TMI 1101X X X X Extracts X X X X X X X X Extracts X X X X ..... o of Salim Khan. Whenever he met the accused persons, he was given assurances and was persuaded to deposit further amounts of money. He was swayed by these assurances and his rather also deposited a sum of ₹ 5,30,000/- with the office of the accused. Till December 2009, the complainant received the payments through cheques. However, the cheque for the month of January, 2010 had bounced and thereafter the money was not paid. The accused persons had allegedly dosed their office and ran away. 2. On the basis of this statement of the complainant, an FIR was registered for cheating and various other offences. During the course of interrogation of the accused, computers and other material of the accused persons were seized. The investigation of this case was transferred to EOW Cell (Crime Branch) on 8.5.2010 and thereafter, a number of persons came forward and made allegations against the accused. About 188 complaints had been made by the investors who had purportedly been duped, by the accused persons for more than ₹ 1,00,00,000/-.The Report under Section 173 Cr.P.C. shows that more than 1500 investors had invested approximately ₹ 30,00,00,000/- in the con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. The petitioner shall give an advertisement in the leading newspaper including at least one local newspaper in English and Hindi, of Gurgaon, regarding the sale of the property within a fortnight mentioning that the transaction shall be done by way of demand draft and no cash will be accepted. 4. The IO of the case is directed to supply the photocopy of the documents, If required by the petitioner. 5. The IO is further directed to release the original documents of the property mentioned above at the time of transfer or at the time of total transaction amount being received. 6. List the matter on 12th March, 2012. 7. Order dasti. Sd-/ Suresh Kait, J January 27, 2012 5. On 12.3.2012, this Court observed that the bonafides of the petitioner were suspicious as the advertisement which was given by him was in 'Business Standard' (Hindi and English Edition), which hardly has any circulation and accordingly he was directed to procure a firm offer for purchase of property in question and the matter was listed on 16.4.2012. From 12.3.2012, nearly 4 months have gone by, but the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iance on the judgment of the Apex Court in R.D. Upadhyay Vs. State of A.P. Ors., 1996(3) SCC 422, had ensured that the persons who are accused of various offences of attempt to murder, kidnapping, theft, cheating, extortion, grievous hurt, criminal breach of trust, molestation, counterfeiting and Arms Act and who had undergone substantial incarceration for a considerable period of time as specified in the said order and who are awaiting the conclusion of the trial and further on account of their indigence, are not able to engage counsel, a general order of bail was passed, giving therein the guidelines. On the strength of these judgments, the Learned Counsel has contended that the petitioner having remained in jail deserves to be given the said benefit permanently. 9. The learned APP has vehemently opposed the grant of bail to the petitioner or the confirmation of interim bail to the petitioner on the ground that the petitioner along with his co-accused father in a calculated, predetermined and a very sophisticated manner carried out an operation of gaining the trust of the members of the general public and invited them to invest in their company by promising them lu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lved in the instant case, but there is a fundamental difference between these two sets of cases which have been cited by the Learned Counsel for the petitioner and the present case. In the cases, which have been cited by the Learned Counsel for the petitioner, no member of the general public was affected directly, rather it was the public ex-chequer which was put to loss by not holding auction of government resources or by over invoicing lenders. This is totally different from the facts of the present case where the petitioner floats advertisements and invites the offers from the members of the public to invest money in their schemes by promising them lucrative returns at regular intervals. He is able to gain their confidence and cheat them of their hard-earned money which ranges from ₹ 1,00,000/- to ₹ 10,00,000/-. This kind of activity ultimately shows a great deal of deliberation, preparation and operation which can be done only by an intelligent person and this whole exercise has been rightly observed by the learned Sessions Judge to be actuated by a mentality to get richer overnight at the instance of the general public or investors. I would say that this is a men ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bench of this Court in the writ petition is concerned, that was an order passed in a general manner on a writ petition and not a specific bail order for the purpose of decongesting the jails where the persons who, on account of lack of proper legal advice or on account of indigence, were not able to furnish the securities, that a general order of bail was passed. Those guidelines do not apply to the present petition. Therefore, the very first parameter, that is the gravity of the offence and the implications thereof, dissuades this Court from extending the grant of bail to the petitioner by way of an interim measure on 27.1.2012. So far as the other two aspects of the matter, i.e., tampering with the evidence as well as fleeing away from the processes of law are concerned, I am not going into the same as the very first parameter is not satisfied. Having regard to the totality of the circumstances, I do not feel that this is a fit case where the petitioner deserves to be enlarged on bail. Accordingly, interim bail dated 27.1.2012 is not extended. The petitioner is directed to surrender before the learned ACMM, New Delhi today itself, who shall act in accordance with law. A copy of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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