KHUSHI RAM Vs. STATE (DELHI)

JUDGEMENT

(1.) The prayer in this petition by the complainant in FIR No. 575 of 2007 under Section 406/420 IPC registered at Police Station Najafgarh is that the anticipatory bail granted to the Respondent No. 2 on 15th February 2008 by this Court in Bail Appln. No. 268 of 2008 should be cancelled on account of the failure of Respondent No. 2 to comply with the condition attached to the said order.

(2.) The Respondent No. 2 is the accused in the aforementioned FIR where it is alleged that towards purchase of an immovable property admeasuring 1668 sq.mtrs in village Dindarpur Extension, Durga Park, Najafgarh a sum of Rs. 6 lakhs was given by the complainant to Respondent No. 2 on 19th December 2006 as earnest money in cash. A signed receipt was issued by Respondent No. 2 with the assurance of getting the plot registered in favour of the complainant and one Mukesh Kumar his nephew on 19th March 2007. However, Respondent No. 2 did not comply with this assurance leading to the registration of the FIR.

(3.) Respondent No. 2 filed Bail Appln. No. 268 of 2008 in this Court seeking anticipatory bail. On 15th February 2008 the following order was passed :