Smt. Hemlata Sharma vs State

V.K. Shali

This is a petition filed by the petitioner for grant of regular bail in respect of FIR No. 65/2011 u/s 420/468/471 IPC registered by PS Chanakyapuri, New Delhi. The sum and substance of the case is that the petitioner was an employee of Australian High Commission and in that capacity she had placed order along with the other co-accused Amit Choudhary, Ritu Choudhary and Sumit Choudhary, who were the proprietors of the company, to supply various stationary items to the Australian High Commission. It is alleged that under the garb of supply of stationary items to the Australian High Commission, the petitioner committed a fraud of Rs. 32,00,000/- approx. The learned counsel for the petitioner has contended that the co-accused Amit Choudhary has already been enlarged on bail on furnishing an amount of Rs. 5,00,000/- directly to the Australian High Commission. So far as the present petitioner is concerned, it has been contended that she is in the custody since 17.08.2010. It has been contended that the present petitioner is also prepared to deposit an amount of Rs. 16,00,000/- (being approximately 50% of the total amount) without prejudice to her rights and contentions on the merits of the case, in order to show her bona fides. It has been contended that continued incarceration of the petitioner will not serve any purpose.

The learned APP does not have any objection to the grant of bail to the petitioner, subject to certain conditions being imposed on the petitioner in view of her offer.

I have heard the learned counsel for the complainant as well as the learned APP and have also perused the record.

Having regard to the facts of the case that the petitioner is already in custody for the last 11 months and the charge sheet has been filed and the trial is likely to take some time, therefore, no useful purpose would be served by keeping the petitioner in custody. Accordingly, the petitioner be released on bail on furnishing a personal bond for a sum of Rs. 50,000/- with one surety for the like amount to the satisfaction of the learned Trial Court, subject to the following conditions: (i) That before the release order having been issued, the petitioner shall deposit an amount of Rs. 16,00,000/- with the learned Registrar General of this Court which shall be kept in the form of FDR and a notice be issued to the Australian High Commission to collect the amount subject to their giving an undertaking to comply with the directions of the Trial Court which may be passed at the conclusion of the Trial.

(ii) That the petitioner shall surrender her passport and she shall not leave the National Capital Region of Delhi without the permission of the Court.

(iii) That the petitioner shall not approach any of the witnesses or tamper with the evidence.

(iv) That the petitioner shall not make any effort to visit the Australian High Commission or contact any employee working there either in person or telephonically.

Expression of any opinion here in above shall not be treated as an expression on the merits of the case.