NEELAM TIWARI Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) The hearing has been conducted through Video Conferencing.

(2.) Learned counsel for the petitioner states that the FIR in question was registered on 5/5/2015 and the petitioner was arrested on 10/10/2016 when she landed at IGI Airport from Kathmandu and 8 days police custody remand was granted whereafter she remained in judicial custody. Charge sheet was filed on 8/12/2016 in the present case. The petitioner was granted interim bail by this Court on 17/5/2017 since the petitioner was desirous of settling the matter with all the investors, however the said interim order was vacated on 8/7/2021 when it was noted that the charge sheet was filed only qua 44 investors with whom the petitioner has settled the matter, however, only 40% of the amount qua other investors have been paid. Thereafter the petitioner surrendered to custody on 17/1/2022 for the reason she was unwell and in ICU being aged more than 70 years and suffering from various ailments including osteoporosis as also the degenerative changes in intervertebral disc with high disc reduction and acute wedge compression collapse of D11 vertebral body. Learned counsel for the petitioner has placed on record a chart showing settlement arriving at between the parties which chart has also been placed by the State along with the status report.

(3.) The allegations against the petitioner in the above noted FIR lodged on the complaint of one Manish Chauhan and 28 other victims was that they had booked flats in the upcoming project of Pushpa Builders Ltd., namely, Colista Tower being launched by K.W. International Holdings, a proprietary of the company at gram Hasanpur, Bhovapur, now known as Vaishali Ghaziabad, U.P. The company neither gave possession of the flats nor returned the money. Directions to register FIR were issued under Sec. 156(3) Cr.P.C. and the investigation of the case was transferred from PS C.R. Park to DIU on 10/9/2015.