AAKASH MADAAN Vs. STATE

JUDGEMENT

(1.) This is an application u/s 439 Cr.P.C moved by the petitioner for grant of bail in case FIR No.09/12 u/s 448/380 IPC, P.S. Tilak Nagar.

(2.) AS per the prosecution, the complainant had advanced a sum of Rs.10 lakhs in cash to the mother of the petitioner as loan and mother of the petitioner had executed the receipt, mortgage deed, possession letter, agreement to sell and purchase in favour of the complainant in respect of a portion of her property. It has also been alleged that the mother of the petitioner had given the possession of the property to the complainant and complainant had placed certain articles in the room. The petitioner had assured that he will return the money after about 11 months and in case he fails to return the money he will get the sale deed executed in favour of the complainant after taking a further payment of Rs. 2 lakhs. Meanwhile, mother of the petitioner expired. The petitioner and his mother had failed to return the amount despite repeated demands by the complainant. The petitioner has also refused to accept the remaining payment of Rs. 2 lakhs to execute sale deed in favour of the complainant. The petitioner had broken the wall which was between the property belonging to the complainant and that of petitioner; he trespassed into the portion of the property belonging to the complainant and also committed theft of the articles lying in the property.

(3.) APPLICATION is opposed by learned APP for the State as well as by learned counsel for the complainant and it was submitted that a sum of Rs. 10 lakhs was given by the complainant on request of the petitioner and in lieu thereof various documents, being agreement to sell and purchase, receipt, mortgage deed etc. were executed. Physical possession of portion of the property was also handed over to the complainant who kept his bed, sofa and other articles in the rooms and put his locks on his portion. When the accused failed to return the money, he assured the complainant that he will get the sale deed executed in his favour after taking 2 lakhs more from him. In between, mother of the petitioner expired. On 07.01.2012, the complainant found that the accused has illegally taken possession of his portion of the property after breaking his locks and also stole the goods kept inside. It was further reported that the petitioner was absconding for a long time and proceedings u/s 82/83 Cr.P.C were initiated against him. He moved application for grant of anticipatory bail before this Court and on his assurance that he will pay Rs. 10 lakhs to the complainant, he was granted interim bail. However, he failed to pay the amount, as such, the interim bail was cancelled and he was taken into custody. It was further submitted by counsel for the complainant that thereafter, the petitioner has been moving one application after the other before the learned M.M and Sessions Judge. However, he has not returned the money.