AMIT SHARMA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner, who is confined in District Jail, Gurgaon and facing trial in the court of Judicial Magistrate First Class, Gurgoan for commission of the offences punishable under Section 406 and 420 read with Section 120-B IPC, seeks grant of bail in FIR No.55 dated 11.2.2013, registered at Police Station Sushant Lok, Gurgaon.

(2.) As per the prosecution case, the petitioner had gone to the jewellery shop of the complainant in Gold Suik for purchase of 15 gold bracelets when he claimed himself to be a representative of Ansal Group. He had pleaded that such bracelets were required for celebration of anniversary of Ansal Group. The complainant sent his representative who had carried said bracelets with him with instructions from his employer that those were to be delivered to the petitioner only on payment which the petitioner had undertaken to make on approval of authorities of Ansal group. The representative of the complainant had gone along with the petitioner to the office of his employer. Making representative of the complainant to stand outside till permission was granted for him to enter the office. The petitioner who had gone inside, came back a little later disclosing the representative of the complainant that he had not been permitted to come in the office and if he was ready to hand over the bracelets to the petitioner, he would take the same upstairs and if the sample is passed from the Madam, she would issue cheque in favour of the complainant. The representative of the complainant handed over the bracelets to the petitioner who taking those along with, went upstairs through the lift but never to return. Later, when representative of the complainant checked up for the petitioner, neither the petitioner nor any officer of Ansal group was found there.

(3.) Co-accused Mohammad Arshad has already been released on bail by order of 25.11.2013 in CRM No.M-33993 of 2013. Counsel for the respondent has not been able to point out any difference to deny parity with Mohammad Arshad co-accused to the petitioner.