The Delhi High court on Wednesday granted bail to a 77-year-old woman who was arrested in a cheating case. She was arrested on return from Canada and has been in judicial custody since May 31, 2022. The case is connected with the alleged cheating of Rs 37 lakhs in the Agreement to sale of property for Rs 3.80 crores.
A vacation bench of Justice Sanjeev Narula granted bail to Bhagwati Sharma on the condition of furnishing a bond of Rs 50,000 and security of solvent property. The bench observed, “Keeping in view the clean antecedents and period for which she has already been in jail, this Court is inclined to allow the instant petition seeking regular bail.”
The counsel for the accused submitted that the petitioner is a 77-year-old widow who has been in judicial custody since May 31, 2022. It was argued by the counsel that a dispute of civil nature has been given a criminal colour and the accused herein who was in Canada with her daughter was arrested on her arrival in India.
The petitioner was abroad in Toronto, Canada from 2017 onwards and did not have any notice or knowledge about the present FIR and consequent proceedings. This case pertains to the FIR which was registered on a complaint by Krishan Kumar Narang. It is alleged that the complainant entered into an Agreement to Sell dated October 18, 2016 (ATS) with the applicant for Rs. 3.80 Crores whereunder advance sale consideration of Rs. 37 lakhs was paid to the applicant.
Thereafter, the transaction fell apart. It is alleged that the applicant has cheated the complainant regarding non-fulfilment of the obligations envisaged under the ATS and then by executing a Sale Deed on May 15, 2017 for the same property, in favour of Sukhdev Malhotra, Vibha Jain and Purnima Sharma, who are co-accused in the case.