Delhi HC grants bail to retired Major in case of cheating home buyers

New Delhi [India], February 10 : The Delhi High Court recently granted bail to Major (retired) Surendra Kumar Hooda, who is accused in cases of cheating and criminal breach of trust. The bail has been granted in three cases registered in 2016.
Justice Subramonium Prasad granted bail to Major (retired) Hooda in view of his medical condition.
"In the absence of any challenge to the medical condition of the petitioner and also in view of the fact that the case of the petitioner is distinguishable from other accused, this Court is inclined to grant bail to the petitioner on furnishing a personal bond in the sum of Rs 10 lakh with two sureties of the like amount," Justice Prasad ordered on February 6.
While granting bail, Justice Prasad observed, "Undoubtedly, the material on record indicates complete chaos in both the projects of A N Buildwell (ANB)., namely Spire Edge and Spire Woods. Undoubtedly, a substantial amount of money has been taken from the investors and the projects have not been completed."
"The petitioner herein is a senior citizen, aged about 82 years. The State has not made any substantial arguments challenging the correctness or otherwise of the medical condition of the petitioner. The petitioner was arrested when he was in the hospital," Justice Prasad noted.
It was stated by the Hooda's Counsel that the petitioner has suffered a brain haemorrhage and has been operated on for the same and keeping him in custody will endanger his life.
The petitioner was arrested on September 20, 2017, while he was admitted to the hospital as he recently suffered a brain stroke. Subsequently, he surrendered in the other two cases.
The counsel for accused stated that the first chargesheet in an FIR was filed on December 19, 2017. Thereafter, on December 29, 2017, the petitioner was granted regular bail by the trial court.
The said order was challenged and on July 26, 2018, the high court set aside the order of December 29, 2017 stating that it was unreasoned and remanded the matter back for fresh consideration and interim protection was also granted until the fresh adjudication.
Senior Counsel who appeared for the accused submitted that he has already gone under 141 days of pre-trial incarceration. It was stated that the facts of the case do not indicate a criminal intention on the part of the petitioner to siphon off money which are anyway matters to be decided at the stage of trial.
He further stated that the accused, who is now 82 years of age, has suffered a brain stroke and has undergone surgery.
On the other hand, Additional Standing Counsel (ASC) for the State submitted that the custody of the accused is required to bring back the funds that have been diverted by him to various shell companies.