Saimul Hoda vs State

Judgment reserved on : 07.08.2020 Date of decision: 12.11.2020

SAIMUL HODA ..... Applicant

Through: Mr.Ravi Gupta, Advocate.

Versus

STATE .....Respondent

Through: Mr.Kewal Singh Ahuja, APP for State with SI Narender Kumar, Cyber Cell Crime Branch.

CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA

JUDGMENT

ANU MALHOTRA, J.

1. The applicant, vide the present application seeks the grant of

bail in relation to FIR No.189/2017, PS Crime Branch, New Delhi

under Section 420 of the Indian Penal Code, 1860 submitting inter

alia to the effect:-

• that he has been incarcerated since 15.11.2019; • that he has been falsely implicated in the instant case; Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.11.2020 13:21:00 This file is digitally signed by Bail Appl. No.1155/2020 Page 1 of 19 PS to HMJ ANU MALHOTRA.

• that two other co-accused persons namely Samir Tantubai and Manoj Hari who were the main and only beneficiaries, have already been granted bail; • that the charge sheet in the matter has been filed; • that the applicant was not even named in the main charge sheet;

• that the matter is at the stage of evidence and in the prevailing pandemic, the trial would take time; • that the applicant has clean antecedents and has never been convicted previously and that he has been falsely implicated in other unsolved FIRs; • that the applicant's father is aged more than 87 years and suffers from acute spinal injury, and had met with an accident and is confined to bed;

• that the younger daughter of the applicant aged 5 years suffers from kidney disease and that both the father and daughter of the applicant need proper care, attention and presence of the applicant;

• that the applicant undertakes to join the Court proceedings regularly.

2. Notice of the application was issued to the State and accepted

by the learned APP on behalf of the State.

3. Pursuant to proceedings dated 08.06.2020, 19.06.2020,

02.07.2020, 09.07.2020, 20.07.2020, the status reports dated

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15.06.2020, an undated status report, 30.06.2020, 07.07.2020,

27.07.2020 and written submissions dated 08.07.2020 and the chart of

details of numbers utilized in the alleged commission of crime were

submitted on behalf of the State.

4. Written submissions have also been submitted on behalf of the

applicant along with the copies of rulings sought to be relied upon on

behalf of the applicant.

5. As regards the aspect of the ailment of the father of the

applicant and the ailment of the daughter of the applicant vide order

dated 19.06.2020, it has been specifically observed to the effect that

the document which the applicant had submitted in relation to his

daughter's ailment related to the year 2017 and could thus not be

considered qua the submission made on behalf of the applicant that the

applicant's daughter still continues to suffer with the kidney disorder.

6. As regards the ailment of the father of the applicant and the

number of persons available at the house of the applicant to look after

his father, the State was directed to submit a status report vide order

dated 19.07.2020. The status report dated 30.06.2020 under the

signatures of the ACP, Cyber Cell, Crime Branch, Delhi indicates that

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though the father of the applicant undoubtedly is bed ridden due to

broken hip joint & fracture in femur (left leg), further enquiries have

revealed that there are four other family members of the petitioner

including his two younger brothers namely Faizul Hoda (Age-32

Years), Jaimul Hoda (Age-27 Years), and his mother and his wife are

available there to take care of his father and the elder brother of the

petitioner namely Khairul Hoda @ Babblu Hoda also resides in the

same locality. Thus, qua the aspect of the ailment of the father of the

applicant too, the prayer made by the applicant, cannot be granted.

7. The allegations in the instant case emanate from a complaint

lodged by Smt.Bhanu Prabha Gupta alleging that she received a call

on 15.07.2017 on her mobile no. 9868929619 from mobile

no.9563221857 in which the caller masqueraded himself as being a

bank employee and asked her the details of her ATM card in the name

of the activation of the blocked card and that the complainant followed

the instructions of the caller and shared her SBI ATM CARD details

due to which she received an OTP on her mobile number. The caller is

then alleged to have asked the complainant the OTP, on which she had

informed the caller of the receipt of the OTP on the same mobile

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number on which the caller had called her and that she did not know

how to open the message during the call, as a consequence of which

the caller had asked her for another mobile number and the

complainant gave the caller another mobile no 9873797825 on which

the caller called her and got an OTP, whereafter, a sum of Rs.8,000/-

was deducted from the account of the complainant. The caller is then

alleged to have asked the complainant whether she had another bank

account, on which the complainant replied in the affirmative and

shared the details of another account of the Indian Bank Account due

to which an amount of Rs.31999/- was deducted from her account and

thus she was duped to the tune of Rs.39999/- from her two bank

accounts, as a consequence of which the case was registered.

8. It is indicated vide the status report dated 15.06.2020 that

during the course of investigation on 15.07.2017, an amount of

Rs.5,000/- and Rs.3,000/- were found to be loaded into two online

wallets of Kitecash 8617354860 and Transaction Analysts wallets of

Kitecash 8617354860 and Transaction Analysts 9411269180

respectively by using the details of the debit card of complainant's SBI

Bank account and that further on 15.07.2017, an amount of Rs.5,000/-

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was found to be transferred into the SBI Bank account bearing a/c no.

20015318020 of the accused Manoj Hari R/o Distt. Burdwan, W.B.

During the investigation that was conducted it was found that on

15.07.2017, an amount of Rs.10,000/-, Rs.19,999/- and Rs.2,000/-

were found to be loaded into three online wallets of Ola Cab

9134757185, the Mobile Wallet 7031681439 and Transaction

Analysts 9411269180 respectively by utilizing the details of the debit

card of the complainant's Indian Bank account.

9. As per the said status report, the investigation conducted

indicated that on 15.07.2017, an amount of Rs.9948/- was found to be

transferred into the Central Bank of India account bearing No.

3567085615 of the co-accused Samir Tantubai from Ola Cab wallet

9134757185. A further sum of Rs.5118/- was found to be transferred

into the Central Bank of India account bearing No. 3567085615 of the

said co-accused Samir Tantubai from the mobile wallet 7031681439

and Rs.5000/- was further found to be transferred into the Mobikwik

wallet 8617092880 from the mobile wallet 7031681439 and a further

amount of Rs.4,600/- was found to be transferred into the Central

Bank of India account bearing A/c No. 3567085615 of the accused

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Samir Tantubai from Mobikwik wallet 8617092880. A further sum of

Rs.4881/- was stated to be transferred into the Mobikwik wallet

9134757186 from the mobile wallet 7031681439 and a further amount

of Rs.4750/- was found to be transferred into the SBI account bearing

a/c no 20015318020 of the accused Manoj Hari from Mobikwik wallet

9134757186. A further sum of Rs.5,000/- is stated as per investigation

conducted to have been transferred into the Kitecash wallet

9609966609 from the mobile wallet 7031681439 and a further amount

of Rs.5,000/- was found to be transferred into the SBI account bearing

A/c No. 20015318020 of the accused Manoj Hari from Mobikwik

wallet 9609966609.

10. As per the said status report dated 15.06.2020, the accused

Chandan Mandal who made the call to the victim and transferred the

cheated money into different online wallets and bank accounts and co-

accused Manoj Hari were arrested on 04.10.2018 and 21.08.2018

respectively in FIR No.110/2017, PS Crime Branch under Sections

420/467/468/471/201/120B of the Indian Penal Code, 1860 and are

stated to be on Court bail in the said case. The co-accused Samir

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Tantubai who is stated to have been arrested on 14.10.2019 is also

stated to have been released on Court bail.

11. As per the status report dated 15.06.2020, it was submitted vide

paragraphs 11, 12, 13 & 14 further to the effect:-

"11. During the further course of investigation details of below mentioned four alleged mobile numbers were obtained from concerned mobile operators and found to be issued in the name of below mentioned subscribers from the shop of "Lalu Telecom", Girjapara, MP Road, Asansol, Paschim Bardhman, :-

S.No. Mobile Number Name, Parentage & Shop Date of & Role Address activation

1. 8617354860 Rishikesh Das S/O Lalu 29.05.17 (Jio) registered Rameshwar Das R/O Telecom, in Kitecash Kath Gada Raniganj Girjapara, Wallet Received AMC At Raniganj, MP Road, Rs.5,000/- Bardhman, WB. Asansol, Paschim Bardhman

2. 9134757185 Shukuntala Gope W/O Lalu 05.07.17 (Idea) Babu Lal Pal R/O Telecom, Registered in Egera, Harabhanga, Girjapara, Ola Cab Wallet EgarabKumarkhala, MP Road, Received Rs, WB-713323 Asansol, 10000/-. Paschim Bardhman

3. 8617092880 Sekh Salamat S/O Sekh Lalu 18.05.2017 (Jio) Registered Alem R/O Rajnagar, Telecom, in Mobikwik Rajnagar Birbhum, Girjapara, Wallet Received West Bengal. MP Road, Rs.5000/- Asansol, Paschim Bardhman

4. 9134757186 Shyamal Kumar Das Lalu 05.07.2017 (Idea) S/O Sridharchandra Telecom, Registered in Das R/O Babuisole Girjapara, Mobikwik Colony PO Baktar MP Road, Wallet Received Nagar Andal Ondal Asansol, Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.11.2020 13:21:00 This file is digitally signed by Bail Appl. No.1155/2020 Page 8 of 19 PS to HMJ ANU MALHOTRA.

Rs.4881/- Bardhman WB- Paschim 713321 Bardhman

12. During the further course of investigation subscribes of Mobile Numbers 8617354860, 9134757185 and 9134757186 were interrogated in present case and they were asked about the mobile numbers issued on their respective names but they were found to be unaware about the issuance of above-mentioned mobile numbers issued on their names. Further mobile number 8617092880 found to be issued on fake address.

13. During the further course of investigation search of owner of "Lalu Telecom" Girja Para, MP Road Asansol (from where four alleged mobile numbers 8617354860, 9134757185, 9134757186 and 8617092880 were issued), was made and it came to know that owner of Lalu Telecom, accused Md. Saimul Hoda @ Lallu had already been arrested by PS Ranigang Police, on 14.09.2019, in Case Fir No. 324/2019, Dated 13.09.2019 U/S 419/420/467/ 468 IPC. During the further course of investigation on 15.11.2019, accused Saimul Hoda @ Lallu S/O Md. Nurul Hoda R/O Girjapara, PS Raniganj, Paschim Bardhman, West Bengal, Age 32 Years was arrested formally in present case in pursuance of production warrant got issued from Hon'ble Court. After detailed interrogation, disclosure statement of accused Saimul Hoda @ LaHu was recorded separately. During the interrogation accused Md. Saimul Hoda @ Lallu disclosed the name of his accomplice as Rajesh Mondal, who used to sit at his shop with him and he (Rajesh Mondal) was the retailer of some mobile companies. Efforts were also made to trace/search his accomplice Rajesh Mondal in Egara, Raniganj, West Bengal during police remand of accused Md. Saimul Hoda @ Lallu, but could not be found. Efforts are still going on to arrest accused Rajesh Mondal.

14. During the further course of investigation involvement of accused Md. Saimul Hoda @ Lallu has also been found in following cases:-

a) Case FIR No. 48/2019, U/S- 420/379 IPC, PS- Nagar Sahayak, District- Katihar, Bihar, in which Bihar Police is in the process to take the custody of accused Md. Saimul Hoda @ Lallu.

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b) Case FIR No. 110/2017, U/S- 420/467/468/471/120B/201 IPC, PS Crime Branch, Delhi, in which he has been formally arrested on 10.06.2020.

c) Case FIR No. 188/2017, U/S- 420/467/468/471/120B/201 IPC, PS Crime Branch, Delhi. In Case FIR No. 110/2017 & 188/2017 PS Crime Branch, Delhi accused Md. Saimul Hoda @ Lallu, in which he has been formally arrested on 10.06.2020.", and it was thus, alleged by the State that the applicant/petitioner is deeply involved in the nexus and has played a vital role in the conspiracy by providing the mobile SIMs issued on fake IDs or without the knowledge of the subscribers, to the alleged cheats for committing the crime.

12. Vide order dated 09.07.2020 thus, it was observed to the effect

that it was essential to peruse the documents that the State had

collected during the investigation which related to the

applicant/petitioner having issued the mobile SIMs on fake IDs or

without the knowledge of the subscribers and the State was thus

directed to submit on record the updated status report and all

documents in relation thereto for the next date of hearing.

13. On the date of hearing on 20.07.2020, a chart was submitted by

the State which reads to the effect:-

Mobile No. Name Of Status Of Amount Transfer Status Of Used In The The Subscriber/ Received In To Bank Case Subscriber Statement U/S. 161 E-Wallet Bank A/C Holder Cr.P.C Account 8617354860 Rishikesh During investigation 8617354860 Rs.5000/ Accused Das effort to trace and was - was Manoj s/o interrogate registered in transferre Hari has Rameshwar Rishikesh Das was Kitecash d in SBI been granted Das R/O made and notice was Wallet and a/c no. bail by the Kath Gada served upon him Received 2001531 Tis Hazari Raniganj to join the Rs.5000/- 8020. court on Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.11.2020 13:21:00 This file is digitally signed by Bail Appl. No.1155/2020 Page 10 of 19 PS to HMJ ANU MALHOTRA.

AMCat investigation on (Pg. no. 10 (Pg. 15.01.19 Raniganj, 21.10.19 but he didn't of the main no. 10 of (Para 3 on Distt. turn up. chargesheet) the main Pg. no. Paschim He filed his chargesh 1 of the Bardhman, anticipatory bail eet) status report West application before Ld. The SBI dt:

Bengal. ASJ Tis Hazari Court, a/c no. 07.07.2020) listed on 02.03.2020. 2001531 The Ld. ASJ ordered 8020 is Rishikesh Das to join registere the investigation on d on the 18.03.2020 and in name of compliance of the accused same he was Manoj interrogated regarding Hari.

mobile no. (Pg. no. 8617354860 he stated 11 of the that in May 2017, he main went to his nearby chargesh shop "Lallu Telecom" eet) for taking a JIO SIM where during the issuance of mobile no. 8617348808 he was asked to give his thumb impression 3-4 times by saying machine not reading the impression properly and he stated that he never used SIM of mobile no. 8617354860. He was also shown the alternate number( 9851797762) mentioned in the Customer Application form of mobile no. 8617354860, to which he stated that the alternate number doesn't belong to him. The alternate number 9851797762 was found to be registered in the name of the accused/petitioner Md. Saimul Hoda.(copies of CAF of mobile no. Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.11.2020 13:21:00 This file is digitally signed by Bail Appl. No.1155/2020 Page 11 of 19 PS to HMJ ANU MALHOTRA. 8617354860, 8617348808 and 9851797762 are attached as Annexure-B on Pg. no.10-12) (Pg. no. 1-2;Para 2 : Status report dt: 18.02.2020) 9134757185 Shakuntala Statement of Rs.10,000/ From the Accused Gope Shakuntala Gope transferred Ola cab Samir w/o Babu u/s. 161 Cr.P.C she to Ola cab wallet Tantubai has Lal Pal stated wallet Rs.5,235/ been granted R/o Egera that she has never registered on - and Rs. bail by Harabhanga used the number 9104757185 4713/- Hon'ble , 9134757185 that is (Pg. no. 11 transferre High court Kumarkhala, registered on her of the main d in a/c of Delhi Bardhman, name, however, she chargesheet) of vide order West has purchased an Central dated Bengal. Idea SIM in July bank of 13.01.2020. 2017 from the shop India (Para 4 on of "Lalu Telecom" bearing Pg. no. 2 in a/c no. status report Raniganj which 3567085 dt:07.07.202 couldn't be 615. 0) activated. She stated (Pg. no. that she 11 of the returned the SIM to main the shopkeeper and chargesh shopkeeper kept the eet) SIM and she was The asked to come after Central 2-3 days. Later on as bank of she inquired again, India the shopkeeper bearing about the SIM, he a/c returned her the fee no. saying that the SIM 3567085 couldn't be 615 activated due to registere some problem. (Pg. d on the no. 13 : Annexure-C name of of the status report accused 18.02.2020) Samir Tantubai. (Pg. no. 12 of the main chargesh eet) 9134757186 Shyamlal Statement of Rs.4881/- Rs.4750/ Accused Kumar Shyamlal Kumar Das transferred transferre Manoj Das S/o U/s. 161 Cr.P.C on to online d to SBI Hari has Sridhar whose name mobile wallet on bearing been Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.11.2020 13:21:00 This file is digitally signed by Bail Appl. No.1155/2020 Page 12 of 19 PS to HMJ ANU MALHOTRA. Chandra Das no. 9134757 186 was Mobikwik a/c no. granted bail R/O registered stated that 9134757186 2001531 by Babui Sole he is mini bus driver (Pg. no. 10 8020 the Tis Colony,PO on the route of of the main registere Hazari Baktar Raniganj to Binachiti chargesheet) d on the court on Nagar and earlier on route of name of 15.01.19 Andal, Asansol to Deoghar. Manoj (Para 3 on Bardhman, He further stated that Hari Pg. no. West he has no information 1 of the Bengal. about said status number being report dt: registered on his 07.07.2020) name and he has never used that number. He stated that he is using only two numbers of Airtel and Vodafone form last 8- 10 years. He further stated that he had lost his Aadhar card somewhere in Asansol in year 2017 and someone might have misappropriated that only. (Pg. no. 14 : Annexure-D of the status report 18.02.2020) 8617092880 Sekh During investigation Rs.5000/- Rs.4,600/ Samir Salamat S/O on 12.10.2019 search transferred - Tantubai Sekh Alem for Sekh Salamat to transferre has been R/O was made at online wallet d from granted Rajnagar, Rajanagar, district on online bail by Birbhum, Birbhum, West Mobikwik wallet on Hon'ble West Bengal, but he could registered on Mobikwi High court Bengal. not be traced due to number k of of incomplete address. 8617092880 number Delhi vide (Para I; Pg.no. 12 : (Pg. no. 10 8617092 order Supplementary of the 880 to dated chargesheet) main Central 13.01.2020 chargesheet) Bank Of (Para 4 on Application Form of India Pg. no. mobile no. bearing 2 of the 8617092880 was a/c status Analysed (Pg. no.15 no. report of the status report 3567085 dt:07.07.202 dt: 18.07.20, as 615 0) Annexure-E), in registere which an alternate d on the contact number was name of found as 9800001015 Samir which was found to Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.11.2020 13:21:00 This file is digitally signed by Bail Appl. No.1155/2020 Page 13 of 19 PS to HMJ ANU MALHOTRA. be issued in Tantubai. name of the accused/petitioner Md. Saimul Hoda.(Pg. no. 4; para 5 :Status Report Dt. 18.07.2020)

The said chart submitted by the State indicates allegedly to the effect

that the mobile numbers utilized in the alleged commission of the

crime were issued in the names of persons who stated that they did

not belong to them or had never utilized the same but were also

registered in alternate numbers in the name of the present applicant

and monetary transactions were then allegedly effected with monies

withdrawn and transferred into the account No.8617354860 qua

which the applicant herein had an alternate number i.e. 9851797762

and the amount transferred into the account number 8617092880 is

indicated to have an alternate mobile number i.e. 98000001015 in

the name of the applicant.

14. It has thus been submitted by the State that during the course of

the investigation, the search of the owner of 'Lalu Telecom" Girja

Para, MP Road Asansol (from where four alleged mobile numbers

8617354860, 9104757185, 9134757186 and 8617092880 were

issued),was made and it was learnt that the owner of 'Lalu Telecom' is Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.11.2020 13:21:00 This file is digitally signed by Bail Appl. No.1155/2020 Page 14 of 19 PS to HMJ ANU MALHOTRA.

the applicant herein who had been arrested by PS Raniganj Police on

14.09.2019 in case FIR No. 324/2019 registered under Sections

419/420/467/468 of the Indian Penal Code, 1860, whereafter, the

applicant was formally arrested in this case but the investigation under

Section 173(8) of the Cr.P.C., 1973 was kept pending qua the

absconding accused Rajesh Mondal and Rishikesh Das and others.

15. Inter alia the State has submitted that apart from the applicant

being wholly involved in the nexus and having played a vital role in

the conspiracy by providing mobile numbers issued by him on fake

IDs or without the knowledge of the subscribers to the co-accused for

the purpose of commission of the crime and apart from the applicant

being the owner of 'Lalu Telecom' from where the four alleged mobile

numbers i.e. 8617354860, 9104757185, 9134757186 and 8617092880

used in commission of the crime were issued, the recovery at the

instance of the applicant is also stated to have been made on

22.11.2019 from his shop now known as 'Heena Telecom' which was

earlier known as 'Lalu Telecom' which recovery was to the effect:-

"i. One Biometric thumb impression machine make SAFRAN MORPHO, colour Red & Black, Model: MSO 1300 E2.

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ii. One Biometric thumb impression machine make SAFRAN MORPHO, colour Red & Black, in which other details are not visible/clear. iii. One Biometric thumb impression machine make STARTEK ENG. INC, colour white, Model No. FM220, Barcode No. B47501555.

iv. One visiting card plastic box containing 5 cards of Lalu telecom with following details, Mob. 9800001015, 9333338619 Lalu Telecom All Kinds of Mobile Sale & Service All Company Voucher & Easy Recharge Available Here Burn's Club More, Girjapara, Raniganj with logo of Airtel, Jio, Vodafone, BSNL, Reliance, Aircel and Idea"

and 10 cards of Hena telecom with following details *Mob. 9933491360, 9333338619 Hena Telecom SALES & SERVICING All Kinds of Mobile Voucher, SIM, Head Phone, Recharge Available Here Burn's Club More, Girjapara, Raniganj - 713347, Dist-Paschim Bardhaman with logo of Samsung, Nokia, Jio, Vodafone, Airtel, BSNL and Idea."

16. Inter alia it has been submitted by the State that at the behest of

the applicant were recovered visiting cards from his shop in the name

of Lalu Telecom and Heena Telecom with the applicant having

submitted that he was running his shop in the name of Lalu Telecom

from March 2009 to January 2018, whereafter, he changed the name

of his shop from Lalu Telecom to Heena Telecom in January 2018

after receipt of notices from police of other States as per his alleged

disclosure statement dated 15.11.2019 and 20.11.2019. The State

thus seeks to submit that the applicant has been issuing fake Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:17.11.2020 13:21:00 This file is digitally signed by Bail Appl. No.1155/2020 Page 16 of 19 PS to HMJ ANU MALHOTRA.

mobile SIMs in the name of different innocent customers who

used to come to the shop to purchase mobile SIMs and

fraudulently obtained SIMs to call innocent persons to cheat them

and that the applicant was a part of a profession racket engaged in

cheating the innocent persons at large all over the country by

impersonating themselves as bank employees and on the pretext of

updating their ATM cards.

17. On behalf of the applicant, it has been submitted that there is no

prima facie documentary evidence against him that he is involved in

the matter, that his retracted confession in police custody in

meaningless, that it was Rajesh Mondal and the employee of the

applicant who were the master mind, in as much as, he was authorized

to sell the SIMs and there is a specific code and ID without which the

SIMs could not have been activated and the said Rajesh Mondal has

not been apprehended and that the applicant cannot be convicted

before trial.

18. Reliance is sought to be placed on behalf of the applicant on the

verdict of the Hon'ble Supreme Court in "Sanjay Chandra Vs.

Central Bureau of Investigation" 2011 (4) JCC 2913 and on the

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verdict of this Court in "Jitender Kumar Vs. Govt. of NCT of Delhi"

2016 (1) JCC 652 to contend to the effect that the applicant be

released on bail. Inter alia it has been submitted on behalf of the

applicant that he falls within the ambit of the minutes of the meeting

of the Hon'ble High Powered Committee of this Court dated

18.05.2020 and that he be thus released on bail.

19. On a consideration of the submissions that have been made on

behalf of either side, this Court is of the considered view that in the

instant case, the shop 'Lalu Telecom' from which the alleged fake

mobile SIMs were issued or were alternatively also issued in the name

of the applicant were allegedly mis-utilized by the applicant, which

ipso facto negates the grant of bail to the applicant in the instant case.

No explanation appears to be forth coming on behalf of the applicant

qua the issuance of alternate mobile numbers in the name of the

applicant.

20. Furthermore, the applicant is also allegedly involved in relation

to FIR No.48/2019 under sections 420/379 IPC PS Nagar Sahayak,

District-Katihar, Bihar FIR No.110/2017 PS Crime Branch under

Sections 420/467/468/471/120B/201 IPC and FIR No.18082017 PS

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Crime Branch under Sections 420/467/468/471/120B/201 IPC and

thus does not fall within the ambit of the minutes of the meeting of the

Hon'ble High Powered Committee of this Court dated 18.05.2020.

The severity of the impact on members of the public being cheated

and duped of their money cannot be ignored in the facts and

circumstances of the instant case.

21. The application is thus, declined.

22. Nothing stated hereinabove shall however amount to any

expression on the merits or demerits of the trial in the instant case.

ANU MALHOTRA, J.

th NOVEMBER 12 , 2020 'neha chopra'

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