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2021 (11) TMI 978

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..... d to be impleaded as respondent No.2. Amended memo of parties is taken on record. CRM-M-32440-2021 This is the first petition for grant of anticipatory bail to the petitioner in case bearing FIR No.21 dated 04.02.2021 under Sections 406, 420, 467, 468, 471 and 120-B of IPC, registered at Police Station Sector-53, Gurugram, District Gurugram. On 12.08.2021, a Co-ordinate Bench of this Court was pleased to pass the following order:- "Prayer is for grant of anticipatory bail in case FIR No.21 dated 04.02.2021 under Sections 406, 420, 467, 468, 471, 120-B IPC registered at Police Station Sector 53, Gurugram. District Gurugram. As per allegations in the FIR registered on the complaint of Sanjay Singh Tanwar, Director of M/s Starcrest Ser .....

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..... he money so as to purchase properties in India as well as abroad. He promised to return the said amount to the complainant Company. He also admitted that a sum of Rs. 5.5 crores out of Rs. 14 crores had been transferred in the account of Pooja Sablok, who was an employee of M/s Rampal and Company. It is the case of the prosecution that an amount of Rs. 31 lacs from the amount received by Pooja Sablok had been transferred into the account of the petitioner, who is the sister of Pooja Sablok. This amount was transferred through various transactions between the year 2018 to 2021. Learned counsel for the petitioner contends that the petitioner is, in no way, involved of defrauding the complainant company. The petitioner, who is a married lady .....

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..... is also directed to join the investigation and cooperate with the Investigating Agency, as and when required. This shall be subject to the petitioner depositing an amount of Rs. 10 lacs with the learned trial Court within a period of two weeks from today." Learned counsel for the petitioner has submitted that in pursuance of the above order, the petitioner has joined the investigation and even to show her bona fide, the petitioner had deposited an amount of Rs. 10 lakhs with the trial Court. Learned counsel for the petitioner has further submitted that without prejudice to the rights of the petitioner, the said amount of Rs. 10 lakhs be released to the GST Authorities. Learned State counsel has submitted that the petitioner has joined .....

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..... that the payment of the amount of Rs. 10 lakhs is without prejudice to the rights of the petitioner as well as the complainant, as by virtue of the said payment, neither the petitioner has admitted her guilt in the matter nor the complainant has fully and finally settled the matter with the petitioner so as to entitle her to file petition for quashing of the FIR solely on the basis of compromise. Nothing stated above shall be construed as a final expression of opinion on the merits of the case and the trial would proceed independently of the observations made in the present case which are only for the purpose of adjudicating the present bail application. Pending miscellaneous application, if any, shall stand disposed of in view of the ab .....

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