SURINDER SINGH SOOD Vs. STATE

JUDGEMENT

(1.) VIDE the instant application, the petitioner has sought the release of petitioner on bail in FIR No. 829/2006, P.S. Paschim Vihar, registered under Sections 420/468/471/120 B Indian Penal Code, 1860.

(2.) THE petitioner was a modest businessman who used to deal in export of human hair. THE petitioner was running a very modest business since the last almost 50 years. THE petitioner had business and financial losses over a period of time. His business was separated from his elder brother. However due to the present false and baseless case his image has been tarnished in society and his business had closed down. THE petitioner in a routine manner was supplying hair. THE complainant and one of the co-accused namely Ram Kumar purchased human hair from different parts of the country and delivered the same to the petitioner and other purchasers. THE complainant and the co-accused delivered 1735 Kg of raw human hair however out of the said 1735 Kg of human hair only 435 Kg was of usable quality. THE petitioner intimated the said fact through a legal notice dated 23.06.2007 and even requested the complainant to take back the rest human hair (1265 Kg) which was not of a good quality. THE petitioner admittedly gave Rs.6.5 lacs in lieu of 435 kg of human hair which was of usable quality between November 2005 and August 2006.

(3.) COMPLAINANT filed a recovery suit for Rs.70lacs against the co-accused being CS(OS) 2273/2007, wherein, accused Ram Kumar is defendant No. 1 and the petitioner is defendant No. 2, therefore, the co-accused Ram Kumar is the main accused, not the petitioner.