Anil Sharma vs State (NCT of Delhi)

Headnote AI-drafted · Reviewed and approved

The petitioners Anil Sharma and Harsh Sharma filed anticipatory bail applications under Section 438 Cr.P.C. before the Delhi High Court arising out of FIR No.0746/2022 registered at PS Vijay Vihar for offences under Sections 420, 467, 468, 471, 448, 506 and 120-B IPC, after their applications were dismissed by the Sessions Court. The case arose from allegations of cheating and document forgery relating to the sale of immovable properties bearing Nos. M-1/51 and M-1/52 in Budh Vihar, Phase-I, Delhi, where the complainant Sunny Puri alleged that accused Anil Sharma fraudulently misrepresented property details and thereafter sold the same property to his wife, who in turn transferred it to a third party.

The court noted that both applications arose from the same FIR with similar facts and legal issues and accordingly heard and decided them by a common order. The State's Status Report disclosed that Anil Sharma had been absconding prior to the grant of interim protection by this Court, and that upon joining investigation he gave inconsistent and evasive statements regarding receipt of sale consideration and knowledge of the properties sold. The involvement of co-petitioner Harsh Sharma appeared to be in the capacity of a witness who had signed documents at his father's behest.

The court proceeded to consider the merits of the anticipatory bail applications in light of the nature of allegations, the evidence gathered during investigation, the conduct of the accused, and the settled legal principles governing the grant of anticipatory bail in cases involving serious economic offences and forgery of property documents.

Catchwords: anticipatory bail · Section 438 Cr.P.C. · cheating · forgery · immovable property · misrepresentation · double sale · General Power of Attorney · economic offence · interim protection · absconding accused