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 dated 27.10.2022 registered at PS Vijay Vihar under Sections 420/467/468/471/448/506/120-B IPC. The FIR was lodged on the complaint of Vikram Puri as General Power of Attorney holder of Sunny Puri, alleging that Anil Sharma fraudulently sold properties bearing Nos. M-1/51 and M-1/52 in Budh Vihar, Phase-I, Delhi, by misrepresenting the identity and ownership of the properties, having received sale consideration of Rs. 75 lakhs and Rs. 45 lakhs respectively. Harsh Sharma, son of Anil Sharma, was alleged to have signed as witness to the impugned documents.

Both anticipatory bail applications had been dismissed by the Sessions Court and interim protection against arrest had been granted by the High Court subject to the petitioners joining investigation. Investigation revealed that Anil Sharma had first sold property M-1/52 to the complainant and subsequently to his own wife, and had misrepresented property numbers to the complainant, with one of the properties being owned by a third party. The petitioners contended that they had co-operated with the investigation and that Harsh Sharma's role was merely as a witness.

Both applications were heard together and decided by a common order, given that they arose from the same FIR and involved similar factual and legal issues.

Catchwords: anticipatory bail · cheating · forgery · property fraud · misrepresentation of property · double sale · General Power of Attorney · criminal conspiracy · co-accused · interim protection