DEEPAK SINGH Vs. STATE

JUDGEMENT

(1.) The present petition is filed by the Petitioner under Section 439 read with Section 482 Code of Criminal Procedure praying inter alia for grant of bail in case FIR No. 137/2009 lodged against him by one Mr. Sultan Singh under Sections 420/120B IPC registered with PS R.K. Puram (Crime Branch), New Delhi.

(2.) Counsel for the Petitioner states that the Petitioner has been falsely implicated in the present case and in fact he has nothing to do with the aforesaid complaint and that he does not have any knowledge as to how the sum of 30,000/- came to be deposited through a cheque in his account, maintained by him with State Bank of India, Malviya Nagar, Delhi. He further states that the Petitioner is a businessman based at Guwahati, who has been travelling all over the country and was completely unaware of the aforesaid deposit. It is stated that the aforesaid deposit was discovered by the Petitioner, only after he was confronted by the police on the basis of the FIR lodged by the complainant. He further states that the prosecution has been delaying the proceedings before the learned ACMM, due to which the Petitioner is suffering as he has remained in custody ever since 14.9.2009.

(3.) Learned APP for the State vehemently opposes the present petition. He submits that on the basis of a complaint filed by one Mr. Sultan Singh, the aforesaid FIR was registered under Sections 420/120B IPC with PS R.K. Puram (Crime Branch), New Delhi. In the course of the investigation, the accused person, namely, Mr. Colin, was arrested in August, 2009. After his arrest, the Petitioner herein, described as Deepak Singh @ Roshan Lal, was also arrested on 19.9.2009 and then it was revealed that the co-accused Mr. Colin had given 7 bank account numbers to the complainant to deposit money therein. It is stated that out of the aforesaid 7 bank account numbers, one bank account belongs to the Petitioner, in which a sum of 30,000/- was deposited. It is further stated that the real name of the Petitioner is Roshan S/o Shri Chander Mohan Singh, but he got a PAN Card bearing No. CDIPS9403G prepared in the name of Deepak S/o Shri Rajen Singh. On the basis of the aforesaid forged PAN Card and by giving wrong information, the Petitioner opened the aforesaid bank account with the State Bank of India, Malviya Nagar, Delhi.