BALVINDERSINH BHAGELSINH SANDHU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 439 of the Cr.P.C for regular bail in connection with the FIR being I.CR. No. 146 of 2019 registered with Gotri Police Station, Vadodara for the offences punishable under Ss. 386, 406, 420, 467, 468, 471 and 120B of IPC.

(2.) Heard Mr. DK Puj, learned advocate for the applicant, Mr. SI Nanavati, learned Senior Advocate assisted by Mr. Vaibhav B. Shukla, learned advocate for and on behalf of original complainant, and Mr. Manan Mehta, learned APP for the respondent State.

(3.) The applicant herein is facing the charges of cheating, criminal breach of trust, act of extortion by putting one Mr. Sheth in fear of death, forgery of bogus agreement, and using it as genuine. The applicant herein after registration of offence, was arrested on 17/10/2019 and thereafter, vide order dtd. 19/2/2020, released on temporary bail, subject to payment of Rs.2.00 crores in 10 installments to the complainant by end of December, 2020. It was agreed between the parties that the consent terms, shall not prejudice the rights of the complainant to file civil suit and shall not be construed to be admission on the part of the applicant and shall not prejudice his right or defence available to him before the trial Court. The applicant herein had paid Rs.14.00 lakhs and for the remaining amount, he failed to adhere to the terms and conditions of the settlement. In such circumstances, applicant surrendered before the jail authority on 18/4/2022. Since then, he is in judicial custody.