Final Order 6

Order Details: COPY OF ORDER
Pdf Text: Cr. Rev. No. 64/2023
Rajesh Goyal @ Rattan Aggarwal Vs. The State & Anr.
28.03.2023
Present : Sh. Krishan Kumar and Sh. Shivam Bedi, Ld. Counsels for the
revisionist.
Sh. G.S. Guraya, Ld. Addl. PP for the State / respondent no. 1.
Sh. Mukul Sharma, AR of respondent no. 2 with Ld. Counsel,
Sh. Amrendra Kumar.
The present revision petition has been preferred against order dated
12.01.2023 of Ld. CMM, NDD, PHC, New Delhi, whereby the bail granted to the
revisionist (vide order dated 20.01.2022 of Ld. CMM, NDD, PHC, New Delhi) as
well as the revisionists of the connected matters, i.e. Cr. Rev. No. 61/2023 titled
'Leena Aggarwal Vs. The State & Anr.' and Cr. Rev. No. 62/2023 tiled 'Harish
Aggarwal Vs. The State & Anr.' was cancelled.
It is pertinent to observe that the present revision petitions cannot be
treated as bail applications. In the present revision petitions, the only aspect to be
examined by the Court is whether the impugned order cancelling the bail granted to
the revisionists is proper and legally sustainable or not.
It is submitted by Ld. Counsel for the revisionists that charge sheet has
already been filed. The revisionist has already undergone custody of about 5½
months in case of Rajesh Goyal @ Rattan Aggarwal and about 04 months in case of
Leena Aggarwal and 3½ months in case of Harish Aggarwal.
Page No. 1 of 3
-- 1 of 3 --
Ld. Counsel for the revisionist has relied upon the judgments Biman
Chatterjee Vs. Sanchita Chatterjee & Anr. in Crl. Appeal No. 193/2004 arising
out of SLP (Crl.) No. 4348/2003 decided by the Hon'ble Supreme Court on
10.02.2004, wherein it was held that cancellation of bail cannot be done solely on
the ground that the appellant failed to keep up his promise made to the court.
In the present matter, bail was granted to the present revisionist as well
as the revisionists of the aforementioned connected matters, vide order dated
20.01.2022. In this very order, it was clarified that “any deviation or failure to
confirm to the payment schedule would invite cancellation of bail”. It is pertinent
to observe that neither at the time of passing of the order dated 20.01.2022 nor
thereafter at any stage, the revisionists have challenged this observation (in the
form of a condition) contained in the order dated 20.01.2022.
In Biman Chatterjee (supra), the matter between the parties was
regarding Section 468A IPC. Whereas, the present matter is purely about cheating
and forgery of documents. The FIR of the present case invoked Sections
420/467/468/471/120B IPC.
Upon perusal of the order dated 20.01.2022, it can be seen that this
order was not strictly on the merits of the case. The prime consideration for grant of
bail was the settlement between the parties. The consequences for deviation or
failure to confirm to the payment schedule were also mentioned in the said order.
The same has not been challenged in any manner.
The impugned order, cancelling the bail granted to the revisionists,
was also passed primarily due to the non-payment of the entire scheduled amount.
In view of the above, the judgments relied upon by the revisionists is
not applicable to the present case.
Page No. 2 of 3
-- 2 of 3 --
Accordingly, the present revision petition is dismissed.
Revision file be consigned to record room after due compliance.
At this stage, Ld. Counsel for the revisionists submits that he wants to
rely upon some other following judgments:-
Anu Bhalla & Anr. Vs. District Magistrate, Phathankot & Anr. in
Civil Writ Petition No. 5518 of 2020 (O&M) decided by Hon'ble High Court of
Punjaby and Haryana at Chandigarh on 22.09.2020, P. Vijaykumari Vs.
Indian Bank Represented by its Chief Manager, 2018 AIR (SC) 759, Amrik
Singh Vs. DCB Bank Ltd. & Anr. in CWP-4631 of 2021 decided by Hon'ble
High Court of Punjab and Haryana on 06.04.2022 and K.P. Umasankar Vs.
The Punjab National Bank in WP(C) No. 4909 of 2020 decided by Hon'ble
High Court of Kerala on 07.07.2022.
Since the order has been pronounced, I am not in a position to consider
these judgments.
Rajinder Singh
ASJ-06/NDD/PHC/ND
28.03.2023
(R)
Page No. 3 of 3
-- 3 of 3 --