Case: ASHOK SAXENA AND OTHERS Vs. STATE (NCT OF DELHI) AND ANOTHER

1. Leave granted. 2. Heard the learned counsel appearing for the appellants-complainants and the learned Senior counsel/learned counsel appearing for the respondents at length. 3. This appeal was filed by the appellants-complainants seeking to cancel the interim protection granted to Respondent No.2 accused. It appears that Respondent No.2 is a Builder and he has entered into agreements with several prospective purchasers and there are allegations that he has not fulfilled his obligations and cheated the people and cases were filed against him and one of the said cases is First Information Report No.0001 dated 02-01-2015, Police Station 2 Economic Offences Wing, which was registered against the Developer and its Directors including Respondent No.2 under Sections 120B, 406 and 420 of the I.P.C. In the said matter, Respondent No.2 evaded investigation and he was declared a proclaimed offender. Consequently, Respondent No.2 moved bail application before the Additional Sessions Judge, Saket court, New Delhi. Initially, the Additional Sessions Judge, Saket Court granted interim bail which was later on cancelled vide its Order dated 08-03-2018 and the matter is still pending there. Subsequently, order 08-03-2018 was challenged before the High Court of Delhi and the High Court, on 16-03-2018, passed the following order: For the foregoing reasons, impugned order dated 8th March, 2018 is set aside to the extent it cancels the interim bail of petitioner. However, petitioner shall make genuine endeavour to settle the matter with the remaining complainants in the present FIR. Petitioner shall also appear before the Investigating Officer as and when he is called upon to do so. 4. We are informed by the learned counsel appearing for the complainants that the said order was passed by the High Court without giving any notice to them. Moreover, on perusal of the impugned order, we find that the High Court has not indicated any reason to interfere with the order of Additional Sessions Judge, Saket Court, cancelling the interim bail granted to Respondent No.2. Mr. R. Basant, learned Senior counsel appearing for Respondent No.2- accused pointed out that his client has made efforts to settle the disputes with several prospective buyers and the huge amount has already been paid. He requests that his client may be allowed to settle the disputes with other complainants also. He further states that the main application for bail, which is pending before the Additional Sessions Judge, Saket, is stated to be coming up for hearing on 19th January, 2019.

Decision:
0[ds]Moreover, on perusal of the impugned order, we find that the High Court has not indicated any reason to interfere with the order of Additional Sessions Judge, Saket Court, cancelling the interim bail granted to Respondent No.2.