Excelsior Correspondent
JAMMU, Feb 23: Sub-Judge Jammu Pawan Kumar Sharma today rejected bail application of Sandeep Gulhati and Shalinder Gulhati, who have been arrested by the Crime Branch in a fraud case.
After hearing Senior Advocate Sunil Sethi for the applicants whereas CPO Crime Branch Jawaid Ahmed Khawaja, Senior PO Puja Nijhon for the State and Senior Advocate PN Raina with Advocates YE Tak and Rajat Gupta for the complainant, Sub-Judge observed, “there is a prima facie case against the applicants as they have cheated the complainant of more than Rs 12 crore”.
“The nature and gravity of accusation is also serious. The behaviour, conduct and character of the accused speaks itself that accused have not relented where the money of more than Rs 12 crore has gone and is still untraceable”, the court said, adding “in the event of being granted bail, there are chances of accused repeating the offences because if they have signed two different contracts pertaining to the same property for two different amounts on the same date, with a father and son, they can do so with any other third person”.
“Bail in this case would certainly amount to denial of justice to the complainant. The trial of the case is yet to begin and file is at the stage of framing of charge and no ground whatsoever has been made out by the applicants for grant of bail”, the court said, adding “even otherwise the law cited by prosecution particularly Supreme Court of India has held that once successive bail applications are rejected then the court entertaining subsequent bail application has to consider the reasons and grounds on which earlier bail applications were rejected and has to record the findings that fresh grounds existed to take a different view from the one taken in earlier applications”.
“After dismissal of last application by High Court there has been no change in circumstances for taking a different view than recorded by earlier courts”, Sub-Judge said and rejected the bail application.
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