M.M. SEHGAL Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) THESE two Petitions for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) have been filed by the Petitioners M.M. Sehgal and his wife Smt. Anjali Sehgal.

(2.) THE case of the Petitioners is that the Petitioner M.M.Sehgal is aged 76 years while Petitioner Anjali Sehgal is aged about 72 years. They are former Managing Director and Director of M/s. Kent Properties Pvt. Ltd. It is urged that the Petitioner M.M. Sehgal is suffering from various ailments such as colon problem. The averments made in the FIR lodged by the Complainant Jagmohan are false, primarily, the dispute between the Complaint and M/s. Kent Properties Pvt. Ltd. and Sehgal Papers Limited, which is a family concern of the Petitioners, is of a civil nature. The litigation before the Company Court, Punjab & Haryana High Court and High Court of Delhi as well as other civil proceedings are pending before various Courts. The company Sehgal Papers Limited is under liquidation since the year 1983. The Complainant's case has been briefly stated in Paras 9,10 and 11 of

(3.) IT is not in dispute that a sum of about Rs.35 crores was paid by the Complainant and his associates. A sum of Rs.25.8 cores and Rs.2.20 crores paid by Jagat Overseas and Jaishree Baba Projects was also assigned in favour of Mohan Built & Developers Pvt. Ltd., a concern belonging to the Complainant. Thus, admittedly, a huge sum of about Rs.35 crores was paid by the Complainant and his associates in the year 2006.