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2004 DIGILAW 421 (DEL)

RAKESH CHAUHAN v. STATE (NCTOF DELHI)

2004-05-27

B.N.CHATURVEDI

body2004
( 1 ) ( 2 ) ON 20. 4. 2001 the complainant reported to the police about theft of certain properties from his office premises on 18. 4. 2001 on the basis of which a case FIR under Section 457/ 380 IPC was registered at P. S. Greater Kailash, part-1, New Delhi. On 24. 4. 2001 the complainant made another complaint addressed to the Commissioner of Police in regard to the same very incident seeking registration of case under Section 395/496/ 34 IPC on the basis whereof Sections 395/ 506/34 IPC were subsequently added to the fir in question. ( 3 ) ARGUING for bail learned counsel for the appellant points out that shifting stand has been taken by the complainant in these two complaints in as much as in the first complaint he stated that at the relevant time when the incident had taken place he was not present in the office and he came to know about the incident only on being told about it next day by one of his employees. In the second complaint, however, he daims to have been present at his office when the alleged incident took place. Learned counsel contends that not only that there is discrepancy in regard to the actual presence of the complainant at the time of alleged incident even the details of the properties which were allegedly looted from his office premises are differently mentioned in the two complaints. ( 4 ) LEARNED APP referring to the statement of the complainant in his cross-examination points out that as per explanation furnished by him, he had made the first complaint as advised by the police officials. ( 5 ) LEARNED counsel for the appellant questions the prosecution case and statement of the complainant as well as that of other witnesses of the incident on the plea that the testimony of the complainant who could conceal the material facts in his first complaint at the behest of police could not be creditworthy to base the finding of conviction as recorded by the learned Trial Court. ( 6 ) KEEPING in view the facts and circumstances of the case and on a prima facie view of the evidence the sentence awarded to the appellant is suspended and he is admitted to bail pending disposal of appeal on his executing a personal bond in the sum of Rs,20,000/- with one surety in the like amount to the satisfaction of the court concerned, subject to deposit of amount of fine, if not already deposited. ( 7 ) THE application stands disposed of, ( 8 ) THE appellant be informed of the order through concerned jail Superintendent.