Kuldeep Sugandh v. State of NCT & Anr. & Anr.

Delhi HC12 Jan 2026CRL.M.C./2985/2024

Case brief

AI extract

What is this about?

Cancellation of bail; Section 482 Cr.P.C.; Delhi High Court; FIR No. 83/2023; ASJ Tis Hazari; change in circumstances; ten months custody; speedy trial; Union of India v. K.A. Najeeb (2021) 3 SCC 713; Triple Test; flight risk; tampering with evidence; Chargesheet; Supplementary Chargesheet; FSL; property brokers; fraud; Green Park; Lajwanti Garden; Sale Deeds 29.12.2022; Kuldeep Sugandh v. State of NCT of Delhi; Jitin Pal Singh Pahwa; Gunveen Pal Singh; petitions dismissed 12.01.2026; Neena Bansal Krishna.

What did the court decide?

The learned ASJ gave a reasoned bail order; the long custody of the Respondents (about ten months) with the trial at the same stage constituted a material change in the circumstances entitling them to Bail. ¶¶103

Kuldeep Sugandh Vs State of NCT & Anr. & Anr. — Specific Performance | Delhi HC (2026)

What the court decided

AI extract

Outcome

Dismissed

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Issue for consideration

Whether the Bail granted to Accused No. 3/Jitin Pal Singh Pahwa (Order dated 04.04.2024) and Accused No. 2/Gunveen Pal Singh (Order dated 18.05.2024) in FIR No. 83/2023 by the learned ASJ, Tis Hazari, should be recalled/cancelled in the petitions under Section 482 Cr.P.C. filed by the Complainant/Petitioner. +4 more

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Court's answer

The grant of Bail to the Respondents vide the impugned Orders cannot be faulted.

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Ratio / Principle

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Key takeaways

The change in circumstances identified by the learned ASJ was essentially the passage of time since the rejection of the last bail application and the trial not having proceeded further despite the lapse of about six months since October 2023.ratio¶¶104
Relying on Union of India v. K.A. Najeeb (2021) 3 SCC 713: where timely trial is not possible, Courts should ordinarily release undertrials on bail; statutory restrictions do not exclude the discretion of constitutional Courts to grant bail on the ground of the fundamental right in Part III of the Constitution, and Personal Liberty covers due procedure, fairness and access to speedy trial.ratio¶¶108

Detailed headnote1 paragraphs

High Court of Delhi (Neena Bansal Krishna, J.), CRL.M.C. 2985/2024 & CRL.M.C. 4687/2024, pronounced 12.01.2026 — Kuldeep Sugandh, complainant in FIR No. 83/2023 (Green Park/Lajwanti Garden property-exchange fraud allegations), sought recall under S. 482 Cr.P.C. of bail granted by the learned ASJ, Tis Hazari, to Accused No. 3/Jitin Pal Singh Pahwa (order dated 04.04.2024, also referred to as 04.03.2024) and Accused No. 2/Gunveen Pal Singh (order dated 18.05.2024). HELD, Petitions dismissed: (i) the ASJ passed a reasoned order — custody of about ten months with the trial unchanged since rejection of the earlier bail application on 18.10.2023 constituted a material change of circumstances; (ii) relying on Union of India v. K.A. Najeeb (2021) 3 SCC 713, where timely trial is not possible courts should ordinarily release undertrials, statutory restrictions not excluding constitutional courts' discretion grounded in Part III fundamental rights; (iii) investigation against the Respondents stood concluded — Chargesheet (September 2023) and Supplementary Chargesheet with FSL result filed; no averment of need for custodial interrogation; (iv) pendency of other cases cannot per se deny bail; (v) the Triple Test was satisfied — no flight risk, no apprehension of tampering with evidence or influencing witnesses, and no misuse of bail shown since 2024. The grant of bail cannot be faulted and there is no infirmity in the impugned orders.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Reserved on: 15^th October, 2025 Pronounced on: 12^th January, 2026

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- CRL.M.C. 2985/2024, CRL.M.A. 11536/2024 (for interim directions), CRL.M.A. 24957/2025 (for filing additional documents), CRL.M.A.24958/2025 (Exemption)

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KULDEEP SUGANDH

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Son of Late Shri Babulal Sugandh House No. WZ-315-A, Lajwanti Garden, New Delhi 110046 .....Petitioner

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Through: Mr. Gaurav M. Liberhan, Mr. Nishant Datta, Mr. Chirag Rathi, Mr. Dinesh Kashyap, Mr. Aayush Kumar, Mr. Sumant Vyas, Advocates.

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Versus

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1. STATE OF NCT OF DELHI Through SHO, Email: [email protected]

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2. JITIN PAL SINGH PAHWA Resident of House No. 3614, DLF Phase-IV, Chakarpur (74), Gurgaon, Haryana- 122002 …Respondents

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Through: Mr. Ajay Vikram Singh, APP for the State with Insp. Deepak Kumar Yadav, PS Mayapuri.

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Mr Vikas Pahwa, Senior Advocate with Mr. Ayush Puri, Mr. Sultan Haider Jafri & Ms. Urvija Sharma, Advocates for R2.

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Signature Not Verified

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CRL.M.C. 2985/2024 & CRL.M.C. 4687/2024 Page 1 of 16

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Digitally Signed By:ANIL KUMAR BHATT Signing Da te:1 3.01.2026 18:37:39

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CRL.M.C. 4687/2024, CRL.M.A. 17488/2024 (for interim direction), CRL.M.A. 24959/2025 (for additional documents), CRL.M.A.24960/2025 (Exemption)

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KULDEEP SUGANDH

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S/o Late Shri Babulal Sugandh R/o WZ-315-A, Lajwanti Garden, New Delhi 110046 .....Petitioner

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Through: Mr. Gaurav M. Liberhan, Mr. Nishant Datta, Mr. Chirag Rathi, Mr. Sumant Vyas, Mr. Dinesh Kashyap, Mr. Aayush Kumar, Advocates.

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versus

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1. STATE OF NCT OF DELHI Through SHO, Email: [email protected]

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2. GUNVEEN PAL SINGH, S/o Surinder Pal Singh, R/o 1402, Olive Tower, The Salcon Verandas, Golf Course Road, Gurgaon, Haryana-122011 …Respondents

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Through: Mr. Ajay Vikram Singh, APP for the State with Insp. Deepak Kumar Yadav, PS Mayapuri.

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Mr. Anirudh Bakhru & Mr. Shadmaan Siddiqui and Mr. Vaibhav Prasad Singh, Advocates for R2.

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CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

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J U D G M E N T

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Signature Not Verified

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CRL.M.C. 2985/2024 & CRL.M.C. 4687/2024 Page 2 of 16

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Digitally Signed By:ANIL KUMAR BHATT Signing Da te:1 3.01.2026 18:37:39

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NEENA BANSAL KRISHNA, J.

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1. The two Petitions under Section 482 Cr.P.C. have been filed on behalf of the Petitioner/Kuldeep Sugandh, for the recall of the Order dated 04.04.2024, vide which the Accused No. 3/Jitin Pal Singh Pahwa , and Order dated 18.05.2024, vide which the Accused No. 2/Gunveen Pal Singh in the respective Petitions, have been granted Bail in FIR No. 83/2023 by the learned ASJ, Tis Hazari, Delhi.

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2. The facts in brief are that the Complainant is the absolute owner of the property bearing No. WZ-315A, admeasuring 145 Sq. Yds., Khasra No. 276, 277, Village Nangal Raya, known as Lajwanti Garden, New Delhi, along with his brother, vide Sale Deed dated 05.11.2019. His three brothers/co-owners relinquished their rights in the subject property vide Relinquishment Deed dated 16.08.2018, whereby the Complainant/Petitioner became the absolute owner.

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3. In the year 2019, the Accused No. 3/Jitin Pal Singh Pahwa, along with Accused No. 2/Gunveen Pal Singh, introduced themselves as property brokers and got a deal negotiated between the Complainant and the Accused Nos. 1 and 4, who were the original owners, for the purchase the property bearing No. G-34, Green Park, New Delhi. In lieu thereof, the Complainant agreed to sell his property at Lajwanti Garden, New Delhi, to them. It was further agreed that part payment for the Green Park property would be made by the sale of the Lajwanti Garden property of the Petitioner and the differential amount of Rs. 1 Crore shall be paid in addition. The commission of Respondent was agreed to be Rs. 20 lakhs, payable after the final mutual transfer of both properties.

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Signature Not Verified

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CRL.M.C. 2985/2024 & CRL.M.C. 4687/2024 Page 3 of 16

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Digitally Signed By:ANIL KUMAR BHATT Signing Da te:1 3.01.2026 18:37:39

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4. The Complainant made a total payment of Rs. 70 lakhs through his bank transfers, into the account of Accused No. 1. The original documents of both properties were exchanged in December 2022, and the original documents of the Green Park property were handed over to the Complainant through Accused Nos. 1, 2, 3, and 4. The Complainant, however, sought some time to vacate the suit property as he required time to shift out in a hurry because the documents had to be executed.

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5. The Complainant executed a Power of Attorney in favor of the Accused No. 3/Jitin Pal Singh Pahwa . However, subsequently, the Complainant came to know that the Accused No. 3/Jitin Pal Singh Pahwa , along with Accused No. 2/Gunveen Pal Singh , unauthorizedly executed two registered Sale Deeds dated 28.12.2022, registered on 30.12.2022. The Green Park property was sold to a third party on 16.11.2022 despite having received the payment of Rs. 70 lakhs from the Complainant.

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6. A Civil Suit bearing CS(OS) No. 39/2023 titled „Kuldeep Sugandh vs. Ajit and Ors.‟ for cancellation of the Sale Deed dated 29.12.2022 and for recovery of Rs. 2.24 lakhs and Mandatory Injunction was filed under the Specific Relief Act, wherein an Ex-parte Interim Injunction was granted in favor of the Complainant by this Court, vide Order dated 20.01.2023. 7. On 21.04.2023, the present FIR No. 0083/2023 was registered against nine Accused, including Accused Nos. 2 and 3, the Respondents herein. They were arrested on 24.06.2023 and were remanded to Police custody. Thereafter, Accused Nos. 2 and 3 filed an Application for Bail before the learned M.M., which was dismissed on 21.08.2023.

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8. Thereafter, they both moved another Application for Bail before the learned ASJ, which got dismissed on 18.10.2023. Thereafter, they both

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Signature Not Verified

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CRL.M.C. 2985/2024 & CRL.M.C. 4687/2024 Page 4 of 16

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Digitally Signed By:ANIL KUMAR BHATT Signing Da te:1 3.01.2026 18:37:39

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again moved another Bail Application on 23.12.2023 before the learned ASJ, but the same was withdrawn by both the Accused persons on 10.01.2024.

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9. Thereafter, Jitin Pal Singh moved another Bail Application on 04.03.2024 before the learned ASJ, which was allowed vide the impugned Order dated 04.03.2024, and Gunveen Pal Singh moved another Bail Application on 04.03.2024 before the learned ASJ, which was allowed vide the impugned Order dated 18.05.2024.

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10. The Petitioner, aggrieved by the grant of Bail, has challenged the Orders of Grant of Bail, on the grounds that the earlier Bail Application of Respondent No. 2 was dismissed on 18.10.2023 by the same learned ASJ. There was no change of circumstances and no ground for the grant of Bail. Reliance is placed on State of Madhya Pradesh vs. Kajad, decided by the Apex Court on 06.09.2021 . It is submitted that in the absence of a change in circumstances at the time of passing the impugned Order, makes it bad in law.

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11. Moreover, the gravity of the offense and the nature of the criminal conspiracy between Respondent No. 2 and the other Accused, were not considered.

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12. Furthermore, the Accused have not cooperated in the investigation . The two original title documents have to be recovered, aside from the recovery of Rs. 2 Crores which was paid by the Applicant into the account of co-accused Ajit and which has been credited to the account of co-accused Ajit through the bank account of Respondent No. 2.

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13. It is further submitted that Respondent No. 2 has adopted a similar modus operandi in various other cases to commit fraud, cheating, and

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Signature Not Verified

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CRL.M.C. 2985/2024 & CRL.M.C. 4687/2024 Page 5 of 16

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Digitally Signed By:ANIL KUMAR BHATT Signing Da te:1 3.01.2026 18:37:39

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forgery on numerous persons. There are five other case s against the Accused persons from 2014 to 2023. It is apparent that he is a habitual offender and is running an Organized Crime Syndicate with the object of gaining unlawful pecuniary benefits and gaining undue economic advantages for himself. The Complainant has already moved a Complaint dated 31.10.2023 before the Commissioner of Police, Delhi, for invocation of the provisions of the MCOCA Act in the present case.

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14. It is further submitted that this Court had dismissed the Bail Application of the Accused persons vide Order dated 12.03.2024. The Order was duly conveyed to the learned ASJ, despite which Bail has been granted to Accused Nos. 2 and 3.

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15. The role of Accused Nos. 2 and 3 which was most active, has not been appreciated by the learned ASJ. Moreover, Accused Nos. 2 and 3 are high flight risks and are likely to abscond from the process of law. It is further asserted that the learned ASJ has failed to appreciate that vide Order dated 19.03.2018, Respondent No. 2 was declared an Absconder by the learned MM in CT Cases 1515/2015 and 462789/2016.

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16. The Chargesheet, which was filed in the Court on 16.09.2023, clearly mentions the amounts transferred from the bank account of the Complainant to that of the co-accused Ajit through the account of the Applicant. Moreover, Respondent No. 2 has received an amount of more than Rs. 35 lakhs in his account.

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17. The Accused persons, in their Affidavit of Admission/Denial filed in the Civil Suit CS(OS) 39/2023, have admitted the screenshots of the Receipt dated 06.08.2022, which clearly establishes their involvement and link with co-accused Ajit, who is the recorded owner of the property in Green Park.

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Signature Not Verified

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CRL.M.C. 2985/2024 & CRL.M.C. 4687/2024 Page 6 of 16

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Digitally Signed By:ANIL KUMAR BHATT Signing Da te:1 3.01.2026 18:37:39

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Furthermore, the Accused have admitted the screenshots of the Account details of co-accused Ajit, which were sent to them on 16.11.2022. The FSL Report confirms the genuineness of the Complainant’s CCTV recordings, wherein the Accused can be seen taking cash and jewelry items and making an endorsement on the Receipt dated 21.08.2022.

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18. Furthermore, this Receipt and the endorsement have been analyzed by FSL and the Report has been submitted along with the Supplementary Chargesheet in the Court. The handwriting of Respondent No. 2 in writing the words “Rs. 1,54,00,000/- 23.10.2022” is confirmed to be that of Respondent No. 2 in the FSL Report. This FSL Report was submitted in the Civil Suit before this Court in a sealed cover, though it has not been opened as yet.

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19. There is a strong likelihood that the original Sale Deed dated 30.06.2022 given to the Complainant by co-accused Ajit, along with Respondent No. 2 and Gunveen Pal Singh, is a forged Deed. However, this can be determined only once the FSL Report is made available.

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20. The contentions of the Complainant were duly appreciated by the learned ASJ while rejecting the earlier Bail Application vide Order dated 18.10.2023.

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21. The observations of the learned ASJ in the impugned Order that the Applicants had no involvement; that they were Property Dealers and that there is no evidence of forgery, aside from being highly prejudicial to the case of the Prosecution on merits, are unwarranted and baseless.

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22. The forgery of the Sale Deed is evident on the face of it and so is the criminal conspiracy in which Jitin Pal Singh Pahwa was involved. It has been ignored that close to half of the amount, i.e., Rs. 35 lakhs transferred to

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Signature Not Verified

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CRL.M.C. 2985/2024 & CRL.M.C. 4687/2024 Page 7 of 16

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Digitally Signed By:ANIL KUMAR BHATT Signing Da te:1 3.01.2026 18:37:39

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the bank account of Ajit, was transmitted through the account of Respondent No. 2.

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23. The involvement of Respondent No. 2 is also made out from the fact that the title documents of the Lajwanti Garden property exchanged with coaccused Ajit were recovered from the residence of Respondent No. 2. It was no one’s case before the learned ASJ that the Complainant had asked the coaccused Gunveen Pal Singh to execute the Sale Deed in favor of Jitin Pal Singh Pahwa.

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24. There is no explanation forthcoming which confirms whether Gunveen Pal Singh and Respondent No. 2, had ever agreed to purchase the property from the Complainant himself. As per the Complaint dated 09.01.2022 made to the Sub-Registrar by the Complainant, the Accused persons were stated to be acting as Property Dealers. This contention has found favor in the Order of Bail. However, if they were merely Property Dealers and offered to sell the property of the Complainant for Rs. 13,00,00,000/-, then it is not conceivable that he would purchase the same property for only Rs. 1.24 crores.

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25. Cheating has been committed by the two Respondents, which is evident from the Chargesheet and the Supplementary Chargesheet filed in the Court. There is no explanation forthcoming from him in regard to the nature of the transaction which led to the execution of the Sale Deed of the property at Lajwanti Garden.

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26. It has also not been noticed by the learned ASJ that no sale consideration or TDS was paid by Respondent No. 2 in respect of this Sale Deed dated 29.12.2022 in regard to the Lajwanti Garden property.

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Signature Not Verified

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CRL.M.C. 2985/2024 & CRL.M.C. 4687/2024 Page 8 of 16

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Digitally Signed By:ANIL KUMAR BHATT Signing Da te:1 3.01.2026 18:37:39

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27. No explanation has been given as to why he shared/sent the Account details of the co-accused Ajit as the property was already in dispute. 28. It is, therefore, submitted that the Bail Order has been erroneously made in favor of Respondent No. 2 and the same may be cancelled. 29. The Petitioner has placed reliance on the judgment of State vs. Captain Jagjit Singh, 1960 SCC OnLine SC 2; State of Maharashtra vs. Sitaram Popat Vetal , (2004) 7 SCC 521; Ram Govind Upadhyay vs. Sudarshan Singh , (2002) 3 SCC 598; Anil Kumar Yadav vs. State (NCT of Delhi), (2018) 12 SCC 129; State of M.P. vs. Kajad, (2001) 7 SCC 673; Prasanta Kumar Sarkar vs. Ashis Chatterjee , (2010) 14 SCC 496; Kalyan Chandra Sarkar vs. Rajesh Ranjan, (2004) 7 SCC 528; Neeru Yadav vs. State of U.P, (2016) 15 SCC 422; Mahipal vs. Rajesh Kumar, (2020) 2 SCC 118; Deepak Yadav vs. State of U.P, (2022) 8 SCC 559; Umesh Verma vs. State , BAIL APPLN. 3788/2022; Ashok Dhankad vs. State of NCT of Delhi and Anr., 2025 SCC OnLine SC 1690; Y. vs. State of Rajasthan and Anr. , 2022 SCC OnLine SC 458; Ajwar vs. Waseem and Anr., (2024) 10 SCC 768; State of Rajasthan vs. Indraj Singh Etc. , 2025 SCC OnLine SC 518; Meena Devi vs. State of Uttar Pradesh , (2022) 14 SCC 368; Manik Madhukar Sarve and Ors. vs. Vitthal Damuji Meher and Ors. , (2022) 14 SCC 368; Munnesh vs. State of Uttar Pradesh , Centrum Financial Services Limited vs. State of NCT of Delhi and Anr .; Kusha Duruka vs. State of Odisha, 2024 (4) SCC 432; Rajnit Singh vs. State of M.P. and Ors. ; Prashant Singh Rajput vs. State of Madhya Pradesh, 2021 SCC OnLine SC 919.

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30. The Status Report has been filed on behalf of the State in both the Petitions, wherein the details of the facts have been narrated. It is submitted

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Signature Not Verified

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CRL.M.C. 2985/2024 & CRL.M.C. 4687/2024 Page 9 of 16

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Digitally Signed By:ANIL KUMAR BHATT Signing Da te:1 3.01.2026 18:37:39

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that the two Respondents are the Property Brokers who had offered to get the sale of the property in Green Park at a reasonable price to the Complainant and also to facilitate the sale of the Complainant’s property located at Lajwanti Garden. During the negotiations, Ajit and Dhankesh Yadav, the two absolute owners of the Green Park property, had met the Complainant along with the two Respondents.

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31. Furthermore, the negotiations were finalized for the exchange of the Lajwanti Garden property of the Complainant with the Green Park property, as the Circle Rate and the Market value of both properties were almost the same. It was further agreed between the parties that the Sale Deeds would be executed in respect of both properties on the same day and that they shall bear the sale consideration of Rs. 3,80,00,000/-.

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32. It was further agreed that the sale consideration shall be paid by each party to the other upon receipt of the entire sale consideration by both parties. The Sale Deeds were accordingly executed simultaneously on the same date.

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33. The Complainant made a payment of Rs. 21 lakhs to the co-accused Ajit, owner of the Green Park property, through the Respondents respectively. The Receipt dated 06.08.2022 was sent to the mobile phone of the son of the Complainant by Respondent Jitin Pal Singh Pahwa. This payment was made by the Complainant to both Respondents in respect of his residence at Lajwanti Garden.

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34. The Complainant also made a payment of Rs. 56,00,000/- in cash to the Respondents, Gunveen Pal Singh and Jitin Pal Singh Pahwa, who told the Complainant that they had collected the amount on behalf of co-accused Ajit, which was documented vide Receipt dated 10.08.2022.

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Signature Not Verified

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CRL.M.C. 2985/2024 & CRL.M.C. 4687/2024 Page 10 of 16

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Digitally Signed By:ANIL KUMAR BHATT Signing Da te:1 3.01.2026 18:37:39

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35. In the month of November 2022, the Complainant and all the Accused persons, including the two Respondents, decided to move ahead with the aforesaid arrangement. A meeting was organized, and the Complainant handed over the original documents of the Lajwanti Garden property to the Respondents, in return for which they handed over the Sale Deed of the Green Park property, which was in the name of co-accused Ajit and Dhankesh Yadav, dated 30.06.2022. It is further submitted that the Sale Deed handed over to the Complainant by the Accused persons was found to be fake when verified from the office of the Sub-Registrar.

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36. The Complainant had made further payment through a bank account to co-accused Ajit in the sum of Rs. 70,00,000/-. The account details of coaccused Ajit had been sent to the Complainant by the Respondent, Jitin Pal Singh Pahwa, through a WhatsApp message on 16.11.2022. Both Respondents had also made a payment of Rs. 19,00,000/- through electronic fund transfer to the bank account of the Complainant on behalf of coaccused Ajit and Dhankesh Yadav towards the entire payment of the sale transactions in regard to the Lajwanti Garden property.

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37. During the investigations, the payments were verified, which had been made to the two Respondents and to co-accused Ajit. The Accused persons, in fact, had been returning the amounts paid by the Complainant himself to create the entries. After the exchange of Title documents, both Respondents managed to win the trust of the Complainant and also assured that the Sale Deeds of both properties would be executed simultaneously in January 2023.

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38. The registered Special Power of Attorney dated 20.12.2022 was executed in favor of Gunveen Pal Singh. The Respondents thereafter, started

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Signature Not Verified

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CRL.M.C. 2985/2024 & CRL.M.C. 4687/2024 Page 11 of 16

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Digitally Signed By:ANIL KUMAR BHATT Signing Da te:1 3.01.2026 18:37:39

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delaying the matter on one pretext or the other. Subsequently, on checking, it was found that the two Sale Deeds had been executed on 29.12.2022 in favor of the two Respondents, which were registered on 30.12.2022. A Civil Suit has already been filed in respect of these transactions. During the investigations, it was found that the Green Park property had been sold by others, to Rubel Florist Pvt. Ltd.

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39. The Accused persons had taken hefty amounts/jewelry from the Complainant for the Green Park property, and even an SPA had been registered in his name on a false pretext. The three Accused namely the two Respondents, Gunveen Singh and Jitin Pal Singh Pahwa, were arrested on 24.06.2023, while co- accused Dhankesh Yadav was arrested on 24.06.2023. 40. The Bail of these Respondents was vehemently opposed by the Complainant on the ground that no permanent address was furnished. There were huge amounts received from the account of Jitin Pal Singh. There was CCTV footage corroborating the receiving of money/endorsements being made on the Receipt dated 21.08.2022. The co-accused Ajit was still 41. The Respondents have placed reliance on the judgments in Dolat Ram vs. State of Haryana, (1995) 1 SCC 349; Directorate of Enforcement vs. Ratul Puri, 2020 SCC OnLine Del 97; Sanjay Chandra vs. CBI, (2012) 1 SCC 40; Dharamvir @ Kalu vs. The State & Anr. , Bail Application No. 96/2022 decided on 27.10.2022; Ankit Mishra vs. State of Madhya Pradesh & Anr. , 2025 SCC OnLine SC 809; Ms. X vs. State of Karnataka & Ors., Crl. P. No. 4598/2020 decided on 05.11.2020; Prabhkar Tewari vs. State of U.P, (2020) 11 SCC 648; Monu @ Vinesh vs. State of NCT of Delhi, Bail Appln. No. 1843/2024, 2024: DHC: 7761; Kamal Singh vs. State of Haryana, CRM M 48825 of 2022.

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Signature Not Verified

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CRL.M.C. 2985/2024 & CRL.M.C. 4687/2024 Page 12 of 16

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Digitally Signed By:ANIL KUMAR BHATT Signing Da te:1 3.01.2026 18:37:39

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Submissions Heard and Record Perused.

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42. The first ground of challenge to the impugned Order vide which Bail has been granted to the two Respondents, is that there was no change in circumstances since the rejection of the last Bail Application by the learned ASJ since 18.10.2023 , wherein all the relevant factors were considered and Bail was denied. The Court had considered the nature of allegations against the two Respondents and also that the other co-accused had not been arrested and there was a likelihood of tampering with the evidence and that the Charges were still to be framed, the Bail Applications were dismissed. 43. However, in the impugned orders dated 04.03.2024, while granting Bail, it was noted in the impugned Bail Orders that the Chargesheet had been filed before the learned M.M. in September 2023. The Supplementary Chargesheet got filed after the dismissal of the First Bail Application of the Applicants on 18.10.2023. The learned ASJ further noted that there was a material development in the investigations and the Applicants were entitled to the grant of Bail on merits. It could not be ignored that the Applicants had been in custody for the past ten months and the trial was at the very same stage as on the date when the earlier Bail Application was rejected. The cause of delay may not be so material since a speedy trial cannot be at the cost of fairness and justice. The long custody of the Respondents constituted a material change in the circumstances entitling them to Bail.

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44. The learned ASJ had thus, given a reasoned Order explaining the change in circumstances, which essentially was the passage of time since the rejection of the last Bail Application and also that the trial had not proceeded further despite the lapse of about six months since October 2023.

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Signature Not Verified

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CRL.M.C. 2985/2024 & CRL.M.C. 4687/2024 Page 13 of 16

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Digitally Signed By:ANIL KUMAR BHATT Signing Da te:1 3.01.2026 18:37:39

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45. It has been held by the Supreme Court in the case of Union of India v. K.A. Najeeb , (2021) 3 SCC 713 that if the timely trial is not possible, Courts should ordinarily release the undertrials on bail and statutory restrictions do not exclude discretion of the constitutional Courts to grant bail on the ground of fundamental right enshrined in Part III of the Constitution. The Personal Liberty guaranteed by Part II of the Constitution, would cover not only the protective but also bring within its ambit due procedure and fairness and also access to speedy trial.

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46. Therefore, the grant of Bail vide the impugned Orders to the Respondents, cannot be faulted .

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47. The second aspect which has been agitated is that the co-accused who had not been arrested in the present case were absconding. However, it has been submitted during the arguments that co-accused Ajit and Dhankesh were arrested. In any case, merely because the other co-accused have not been arrested or the investigations are pending against them, cannot be a ground to grant Bail to the Respondents who have been in judicial custody since 24.06.2023.

¶111

48. The next ground, on which the impugned Order of Bail was challenged, was the gravity of the offense . However, as has been noted in detail by the learned ASJ, the investigations had already been completed, and not only was the Chargesheet filed before the learned M.M. in September 2023, but the Supplementary Chargesheet along with the result of the FSL, has already been filed in the Court. The investigations vis-à-vis the two Respondents stood concluded. Whatever money trails had to be traced, and the genuineness of the Sale Deeds or the GPA that was to be ascertained

¶112

Signature Not Verified

¶113

CRL.M.C. 2985/2024 & CRL.M.C. 4687/2024 Page 14 of 16

¶114

Digitally Signed By:ANIL KUMAR BHATT Signing Da te:1 3.01.2026 18:37:39

¶115

or the evidence to be collected in regard to the various aspects of the alleged crime, had already been collected.

¶116

49. There is no averment that the custodial interrogation of the Respondents was required or that there were further investigations required to be carried out against the two Respondents, who were the two Property Brokers involved in getting the transactions finalized between the owner of the Green Park property and in respect of the Lajwanti Garden property of which the Complainant was the owner. Furthermore, it is not under challenge that a Civil Suit has already been filed by the Complainant in respect of the alleged transactions.

¶117

50. In so far as the involvement of the Respondents in other cases is concerned, it has been submitted that they were on Bail in the cases. Moreover, some of the cases have been compromised while others are pending trial. The pendency of the other cases cannot per se, be a ground to deny Bail. In the facts of the present case, it is the Triple Test which has to be satisfied for the grant of Bail.

¶118

51. There is no circumstance from where it could be inferred that both Respondents are flight risks or are likely to abscond . Likewise, since the investigations already stand completed, there is no apprehension of them tampering with the evidence. There is no averment of the Respondents tampering with or influencing the witnesses. It cannot be overlooked that most of the investigation is in the nature of documents.

¶119

52. The Triple Test being satisfied by the two Respondents, coupled with the likelihood of the long time which may be taken in conclusion of the trial, the learned ASJ has rightly granted Bail to the two Accused. Even after the filing of this Petition for Cancellation of Bail in 2024, there are no

¶120

Signature Not Verified

¶121

CRL.M.C. 2985/2024 & CRL.M.C. 4687/2024 Page 15 of 16

¶122

Digitally Signed By:ANIL KUMAR BHATT Signing Da te:1 3.01.2026 18:37:39

¶123

circumstances to show that this liberty of Bail has been misused by the two Respondents in any manner.

¶124

53. There is no infirmity in the impugned Orders of the learned ASJ granting Bail to the two Respondents.

¶125

54. The Petitions are accordingly dismissed and stand disposed of along with the pending Application(s).

¶126

(NEENA BANSAL KRISHNA) JUDGE

¶127

JANUARY 12, 2026/RS

¶128

Signature Not Verified

¶129

CRL.M.C. 2985/2024 & CRL.M.C. 4687/2024 Page 16 of 16

¶130

Digitally Signed By:ANIL KUMAR BHATT Signing Da te:1 3.01.2026 18:37:39

Issues for consideration

5 issues framed by the court

AI extract

1.
Whether the Bail granted to Accused No. 3/Jitin Pal Singh Pahwa (Order dated 04.04.2024) and Accused No. 2/Gunveen Pal Singh (Order dated 18.05.2024) in FIR No. 83/2023 by the learned ASJ, Tis Hazari, should be recalled/cancelled in the petitions under Section 482 Cr.P.C. filed by the Complainant/Petitioner.¶¶30
The court held
The grant of Bail to the Respondents vide the impugned Orders cannot be faulted.ratio¶¶109
2.
Whether the absence of any change in circumstances since the rejection of the last bail application on 18.10.2023 rendered the impugned bail orders bad in law.¶¶103
The court held
The learned ASJ gave a reasoned bail order; the long custody of the Respondents (about ten months) with the trial at the same stage constituted a material change in the circumstances entitling them to Bail.ratio¶¶103
3.
Whether the gravity of the offence, the criminal conspiracy, alleged non-cooperation in investigation with pending recoveries, and the absconding/non-arrest of co-accused required cancellation of bail.¶¶46
The court held
Investigations vis-à-vis the two Respondents stood concluded — the Chargesheet was filed before the learned M.M. in September 2023 and the Supplementary Chargesheet along with the FSL result has been filed; money trails were traced and the evidence was already collected.ratio¶¶111
4.
Whether the pendency of other cases against the Respondents (alleged habitual offending/organized crime) justified cancellation of bail.¶¶117
The court held
The pendency of other cases against the Respondents cannot per se be a ground to deny Bail; in the facts of the present case it is the Triple Test which has to be satisfied for the grant of Bail.ratio¶¶117
5.
Whether the Respondents are flight risks or likely to abscond, tamper with evidence or influence witnesses (Triple Test).¶¶54
The court held
No circumstance infers that the Respondents are flight risks or likely to abscond; investigations standing completed, there is no apprehension of tampering with evidence and no averment of tampering with or influencing witnesses; most of the investigation is in the nature of documents.ratio¶¶118

Procedural history

How this case reached the court

AI extract

Order under challenge
Orders of the learned ASJ, Tis Hazari, granting Bail in FIR No. 83/2023 to Accused No. 3/Jitin Pal Singh Pahwa (dated 04.04.2024, also referred to in the judgment as 04.03.2024) and to Accused No. 2/Gunveen Pal Singh (dated 18.05.2024), challenged by the Complainant/Petitioner for recall.¶¶30
Learned ASJ, Tis Hazari, Delhi · 04.04.2024 (Jitin Pal Singh Pahwa) and 18.05.2024 (Gunveen Pal Singh)
Prior proceeding
Civil Suit CS(OS) No. 39/2023 (Kuldeep Sugandh vs. Ajit and Ors.) filed under the Specific Relief Act for cancellation of Sale Deed dated 29.12.2022, recovery of Rs. 2.24 lakhs and Mandatory Injunction.¶¶38
Prior proceeding
Ex-parte Interim Injunction granted in favour of the Complainant by this Court in the civil suit.¶¶38
Prior proceeding
FIR No. 0083/2023 registered on 21.04.2023 against nine Accused, including Accused Nos. 2 and 3 (the Respondents).¶¶38
Prior proceeding
Accused Nos. 2 and 3 arrested on 24.06.2023 and remanded to Police custody.¶¶38
Prior proceeding
Bail application of Accused Nos. 2 and 3 before the learned M.M. dismissed on 21.08.2023.¶¶38
Prior proceeding
Second bail application before the learned ASJ dismissed on 18.10.2023.¶¶39
Prior proceeding
Further bail application moved on 23.12.2023 before the learned ASJ was withdrawn by both Accused persons on 10.01.2024.¶¶43
Prior proceeding
Chargesheet filed in Court on 16.09.2023.¶¶55
Prior proceeding
As submitted by the Petitioner, this Court had dismissed the Bail Application of the Accused persons vide Order dated 12.03.2024, which was conveyed to the learned ASJ.¶¶53
Prior proceeding
As asserted by the Petitioner, Respondent No. 2 was declared an Absconder by the learned MM in CT Cases 1515/2015 and 462789/2016 vide Order dated 19.03.2018.¶¶54
Prior proceeding
Fresh bail applications moved on 04.03.2024 before the learned ASJ were allowed, resulting in the impugned Bail Orders.¶¶44
Prior proceeding
Supplementary Chargesheet filed after the dismissal of the first bail application on 18.10.2023, as noted in the impugned bail orders.¶¶103

Kuldeep Sugandh v. State of NCT & Anr. & Anr.

Case brief

What is this about?

What did the court decide?

Kuldeep Sugandh v. State of NCT & Anr. & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

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