Order 2

Order Details: COPY OF ORDER
Pdf Text: Bail application No. 1443/2023
FIR No. 68/2021
PS EOW, New Delhi
U/s 409/420/120B IPC
State v. Dhirender Gaba
19.10.2023
This is upon an application filed on behalf of
accused/applicant Dhirender Gaba for grant of interim bail for a
period of six months, on the ground of settlement arrived at with
the complainants.
Present: Sh. Ravinder Kumar, Ld. Substitute PP for State.
Sh. Sajal Dhamija, Ld. Counsel for the complainants
(through VC).
Sh. Nitin Chawla, stated himself as GPA Holder of all the
complainants (through VC).
Sh. Neeraj Chaudhari, Sh. Tarang Agarwal and Sh.
Mrigank Kumar, Ld. Counsels for accused/applicant.
Sh. Deepak Chabbra, Surety of accused/applicant in
person.
It is submitted by Ld. Counsel for the applicant that in
view of the settlement between the parties, accused/applicant was
granted interim bail for a period of two months vide order dated
19.08.2023, Ld. ASJ-03, PHC, New Delhi. He further submits that
applicant/accused has already lodged insurance claim before LIC on
28.08.2023 and the same is under process, which is likely to be
cleared by the Insurance Company by the end of October, 2023 or in
Contd...
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the first week of November, 2023. He further submits that
accused/applicant has also taken necessary steps regarding release of
70,000 shares of Sudarshan Chemical Industries Ltd., so that the same
can be transferred to the complainants as per the terms settled. Ld.
Counsel for the accused/applicant further submits that a post dated
cheque of Rs.11,90,000/- dated 05.11.2023 shall also be handed over
to Ld. Counsel for the complainants today itself for payment of the
aforesaid amount to the complainants and the applicant/accused shall
also take all the necessary steps expeditiously without any delay in
order to get the above mentioned shares transferred to
complainants/investors as per the terms and conditions of
Memorandum of Understanding. It is therefore requested to extend the
interim bail of the accused/applicant.
Ld. Counsel for the accused/applicant has also filed an
affidavit of accused/applicant stated to be regarding the efforts made
by the applicant/accused in order to ensure compliance of
Memorandum of Understanding entered into between the parties. Let
copy of the same be supplied to Ld. Counsel for the complainants.
Ld. Counsel for the complainants submits that in these
circumstances, at this stage, he has no objection, if the interim bail
already granted to the accused/applicant vide order dated 19.08.2023
may be extended for another 20 days period.
Contd…..
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Having considered the submissions made and in these
circumstances, at this stage, interim bail already granted to the
accused/applicant Dhirender Gaba is extended till 09.11.2023, on bail
bond already furnished and subject to the following conditions:-
(1) Accused/applicant shall surrender his passport, if not already
surrendered;
(2) Accused/applicant would not leave the country without permission
from the court;
(3) Accused/applicant shall ensure that the above mentioned cheque
amounting to Rs.11,90,000/- for payment of the aforesaid amount to
the complainants, be released during the course of the day, as per the
submissions made by his Ld. Counsel today before the Court; and
(4) Accused/applicant would take all necessary steps regarding
transferring of 70,000 shares of Sudarshan Chemical Industries Ltd. to
complainants/investors as per the terms settled and give report in this
regard by the next date of hearing.
At joint request, be put up on 09.11.2023.
(Sachin Gupta)
Bail Roster Judge/ ASJ-03
PHC/ND/19.10.2023
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