SANJEEV NAGAR Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This Application has been preferred under Section 438 Cr. P. C. for bail in anticipation of arrest, as a case under Section 420/409/471/120B IPC, 1860 has been registered against the petitioner and a non-bailable warrant of arrest issued against him.

(2.) For the purpose of this Application, it will be sufficient to note that the Namchi Police Station, South Sikkim, on a complaint lodged by one Sunil Jaiswal for having been cheated of a sum of Rs. 2.5 crores by the petitioner, a case was registered under the provisions as set out and investigation launched against him.

(3.) Mr. V. K. Gupta, learned Senior Advocate, appearing on behalf of the petitioner, submits that the petitioner being out of the country during the time when the complaint was lodged was not aware of it and had just recently learnt of the fact on his return. He, therefore, apprehends arrest for the offences by the Namchi Police Station and seeks for a bail in anticipation thereof. It is submitted that two other co-accused persons in the case have earlier been set at large on bail. First of such order was passed by the learned Judicial Magistrate, South Sikkim at Namchi, by its order dated 16-10-2012 after arrest in Cri. Misc. Case No. 121/2012. Mr. Gupta by referring to the order submits that necessity of the petitioner being placed under custody of the police did not exist in view of the clear finding of facts arrived at by the learned Judicial Magistrate and emphasised on the following portion of the order :-