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2020 (7) TMI 615 - HC - Indian LawsGrant of Regular Bail - fake sale - persuading the complainant to purchase the apartment in the complainants name - main allegation against the applicant is that he is the ultimate recipient of ₹ 46,40,000/- taken by way of a loan from the bank, against an equitable mortgage, on the basis of a sale deed which is alleged to be fake and forged - HELD THAT:- The applicant has not cooperated in the investigation, the only aspect cited is that the applicant did not give to the I.O. original documents relating to the sale of goods against which money was received by the applicant/M/s Harshit Enterprises from M/s Heico Electronics. However, this demand of the I.O. must be taken as answered on point of fact, when the original, signed office copies of invoice/s dated 28.03.2014 were delivered by the applicants counsel to the I.O. in court, as recorded in order dated 27.09.2017 made by the Sessions Court; and copies thereof were also placed on the court record. It is reasonable to assume that the original invoices would have been delivered to the person upon whom the invoices were raised, in this case M/s Heico Electronics, and would therefore not have been available with the applicant. None of the grounds for continuing the applicants judicial custody as an undertrial is made-out in the present case - That insofar as the applicant committing any further offence is concerned, in this case that ground is purely speculative as is the ground of possible inducement, threat or promise being extended to any prosecution witness or other such person - That insofar as the possibility of the applicant absconding from trial, that ground also appears to be farfetched and can be taken-care of by imposing appropriate conditions of bail. This court is persuaded to admit the applicant to regular bail subject to conditions imposed.
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