The Delhi High Court recently granted regular bail to former chief managing director (CMD) of Amrapali Group Anil Kumar Sharma in a case alleging that he cheated homebuyers..In an order passed on September 1, Justice Vikas Mahajan said that even though allegations against him are serious but he has undergone half of the maximum period of imprisonment specified for the offences under the offences he has been charged with.“The allegation against the petitioner may be serious but they do not warrant the invocation of an exception carved in the first proviso to Section 436A CrPC, to continue the detention of the petitioner for a period longer than one-half of the maximum period of imprisonment specified for Section 420 IPC, when notably it is not a case of the prosecution that the petitioner has in any way been responsible for the delay of trial,” the Court said.Justice Mahajan further noted that as many as 50 witnesses have been cited by the prosecution in this case and it is going to be a long trial.No useful purpose will be served in keeping the petitioner in judicial custody, the Court concluded..The Court, therefore, granted him bail subject to furnishing a bond of ₹1 lakh..The case relates to development of Amrapali Silicon City in Sector 76, Noida. The first information report (FIR) was registered on complaint of one Anubhav Jain who bought 26 flats in Tower G-1 of the project. However, it was later revealed that this tower in the project was never sanctioned by the authorities.Jain had invested over ₹6 crores in buying the 26 flats in the said illegal tower.Sharma was arrested in February 2019 and the trial court charged him with offences of cheating and criminal conspiracy..Senior Advocate Pramod Kumar Dubey along with advocates Amit Sinha, Manoj Kumar Singh, Aditi, Satyam Sharma and Saurav Kumar Sohi represented Anil Kumar Sharma.Delhi Police was represented through Additional Public Prosecutor Richa Dhawan..[Judgement]
The Delhi High Court recently granted regular bail to former chief managing director (CMD) of Amrapali Group Anil Kumar Sharma in a case alleging that he cheated homebuyers..In an order passed on September 1, Justice Vikas Mahajan said that even though allegations against him are serious but he has undergone half of the maximum period of imprisonment specified for the offences under the offences he has been charged with.“The allegation against the petitioner may be serious but they do not warrant the invocation of an exception carved in the first proviso to Section 436A CrPC, to continue the detention of the petitioner for a period longer than one-half of the maximum period of imprisonment specified for Section 420 IPC, when notably it is not a case of the prosecution that the petitioner has in any way been responsible for the delay of trial,” the Court said.Justice Mahajan further noted that as many as 50 witnesses have been cited by the prosecution in this case and it is going to be a long trial.No useful purpose will be served in keeping the petitioner in judicial custody, the Court concluded..The Court, therefore, granted him bail subject to furnishing a bond of ₹1 lakh..The case relates to development of Amrapali Silicon City in Sector 76, Noida. The first information report (FIR) was registered on complaint of one Anubhav Jain who bought 26 flats in Tower G-1 of the project. However, it was later revealed that this tower in the project was never sanctioned by the authorities.Jain had invested over ₹6 crores in buying the 26 flats in the said illegal tower.Sharma was arrested in February 2019 and the trial court charged him with offences of cheating and criminal conspiracy..Senior Advocate Pramod Kumar Dubey along with advocates Amit Sinha, Manoj Kumar Singh, Aditi, Satyam Sharma and Saurav Kumar Sohi represented Anil Kumar Sharma.Delhi Police was represented through Additional Public Prosecutor Richa Dhawan..[Judgement]
