Delhi Court cancels bail to real estate firm's director for non-compliance of conditions
May 13, 2023
New Delhi [India], May 13 : Delhi's Karkardooma Court on Friday cancelled the bail granted to the director of a real estate company for not abiding with the bail conditions and over nonappearance in court proceedings.
A process for ensuring his presence has also been issued by the court.
Additional Sessions Judge (ASJ) Swati Katiyar cancelled the bail granted to Ashok Goel on April 25, 2019, for not abiding by the conditions imposed by the court at the time of the grant of bail.
The court observed, "The accused has made a mockery of the court proceedings by pretending that he wants to settle the matter only to secure bail and thereafter, by deliberately avoiding to appear before the court and delaying the proceedings unnecessarily."
As per the reports on record, the premises of the accused are lying locked for the last two years and the accused has not even bothered to apprise the court about his fresh address, it added.
Thus, in the facts and circumstances of the case and in view of the conduct of the accused, the bail granted to the accused Ashok Goel on 25.04.2019 stands cancelled, the court said in the order. The complainant through advocate Atul Jain had moved an application seeking the cancellation of bail granted to Ashok Goel.
Advocate Atul Jain submitted that the dispute was settled between the parties on 25.04.2019 and bail was granted to the accused with directions to abide by the terms and conditions of the settlement.
However, after release from custody, the accused failed to make payment of the settled amount and he kept on making false assurances, the counsel submitted. It was also argued that the accused is not appearing before the Trial Court due to which process under section 82 Cr. P.C. for securing his presence has been issued against the accused.
The counsel also argued that the accused has violated and breached the conditions of bail and therefore, the bail granted to him may be cancelled.
The court also took note of the reply filed by the Delhi Police. The reply stated that the accused has failed to comply with the terms and conditions of mediation settlement and the court of Learned ACMM had issued process u/s. 82 Cr. P.C. against the accused on 29.04.2022.
It was also stated in the reply that the accused is deliberately absconding and the bail granted to the accused may be cancelled. Additional Public Prosecutor (APP) also prayed for the cancellation of bail granted to the accused.
After considering the submissions, the court noted "A perusal of Trial Court record shows that the accused has not been appearing in person before the Court since 01.04.2022 due to which bailable warrants were issued against him vide order dated 01.04.2022.
Subsequently, non-bailable warrants were issued against the accused on 02.07.2022, the court further noted. An application was moved on behalf of the accused by his counsel for cancellation of NBWs which was dismissed on 24.09.2022 and process u/s. 82 Cr. P.C. was issued against the accused.
The process u/s. 82 Cr. P.C has also been received back executed and notice has been issued to the process server for the next date, the order passed on May 12 reads.
As per the mediation settlement dated 25.04.2019, it was agreed between the complainant and accused that the accused shall pay a total sum of Rs.50 lakhs to the complainant as a full and final settlement.
