Rajesh vs State of Haryana

This order shall dispose of afore-mentioned four

regular bail applications filed by petitioner, Rajesh in FIR No.315

dated 21.10.2014, FIR No. 331 dated 06.11.2014, FIR No. 321 dated

30.10.2014 and FIR No.40 dated 12.02.2014 registered under Sections

406, 420 and Section 120-B IPC at Police Station DLF Phase-I,

Gurgaon.

It is contended that the petitioner has been indicted

for the offence punishable under Section 420 IPC, therefore, as per the

provisions of Section 437(6) of the Code of Criminal Procedure, if trial

does not conclude within a period of 60 days from the first date fixed

for taking evidence in the case, the accused is entitled to be released on

bail. Learned counsel further refers to the chart of the status report filed

on behalf of the State on 26.09.2016, to contend that the challan has

been filed only in eleven FIRs whereas, after filing the status report,

four more challans have also been filed and subject matter of these 16

FIRs is Rs.5.48 crores whereas, in Police Station Bhupani, District

Faridabad, challans have been filed only in 25 FIRs out of 45 FIRs.

Settlement has been reached in respect of remaining 20 FIRs. Learned

counsel for the petitioner further states that the petitioner owns another

project, namely, Jupiter Land Developers Private Limited at Neemrana

wherein the petitioner is Additional Director along with three others

who happen to be the family members of the petitioner. The whole

project has been acquired by the State of Rajasthan. The State has

passed an Award to the tune of more than Rs.18 crore, 20 lacs. Learned

counsel, on instructions, states that the amount is likely to be received

within two months. Accordingly, the petitioner undertakes that within

one month of the receipt of the amount, he shall discharge his liability

in all the FIRs reflected in the reply filed by the State including the FIR

registered at Police Station Manesar, Gurgaon in respect of which the

bail applications are listed before a Coordinate Bench.

In view of the undertaking given by the learned

counsel for the petitioner that the entire liability shall be discharged

within one month from the date of receipt of amount from Neemrana

acquisition proceedings, the present petitions are allowed, at this stage

without going into the the merits of the case. The petitioner is ordered

to be released on bail in all the aforesaid four FIRs on his furnishing

bail bonds and surety bonds to the satisfaction of trial Court/duty

Magistrate. However, the petitioner shall remain bound by the

statement made before the Court. If the payment is not made within

approximate three months from today, the victims/prosecution shall be

at liberty to revive the present petitions or initiate any other

proceedings as per law.

The petitions are allowed.