This Article is From Jul 09, 2017

No Bail To Senior Citizen Accused Of Duping Merchants In Crores

The court said it appeared that Mr Mittal was in a habit of playing frauds and the modus operandi adopted by him with the court for taking bail made it aptly clear that he carried criminality inherent in his mind.

No Bail To Senior Citizen Accused Of Duping Merchants In Crores

An FIR was lodged against Shyam Lal Mittal at Lahori Gate police station (Representational)

New Delhi: A senior citizen, who allegedly duped several grain merchants of Rs 8 crore, has been denied bail by a Delhi court which said it appeared that he was in a habit of playing fraud.

The court said if the accused was released on bail at this stage, it would give a bad signal to the society and it was likely to loose faith in the judicial system.

The court noted that accused Shyam Lal Mittal was earlier arrested and sent to jail and was granted bail after he assured to repay the amount. He, however, retracted from his promise after which the victims approached the court seeking cancellation of his bail and he was again taken into custody.

"...it appears that he had also played fraud with the judicial system by entering into mediation settlement making false promise for repaying the amount which was much less than cheated and thus was able to get concession of bail.

"Even though the victims agreed for the same, applicant (Mr Mittal) again retracted to his own promise and the victims had to approach the court for cancellation of bail which was cancelled," Special Judge Sanjay Kumar Aggarwal said.

The court said it appeared that Mr Mittal was in a habit of playing frauds and the modus operandi adopted by him with the court for taking bail made it aptly clear that he carried criminality inherent in his mind.

An FIR was lodged against Mr Mittal at Lahori Gate police station in Central Delhi on the complaint by Delhi Grain Merchant Association on the allegation that by deceitful and fraudulent means, he allured several of its members dealing in grains and grams and took away good and articles worth Rs eight crore.

The FIR alleged that he had promised the victims that he would pay the money or else would return their goods. Mr Mittal, however, neither paid the amount nor returned their articles, it said.

The man sought bail on the ground that he was a senior citizen and has undergone bypass surgery and was suffering from various ailments. He also claimed that 80 per cent of the bills were forged and no receipt was issued.

The prosecutor opposed the bail saying several merchants became victims at the hands of the accused and each of them suffered a huge amount of loss.

The court, while dismissing his bail, said that while granting bail, a balance has to be struck between larger interest of society for keeping peace as well the very principle in the criminal justice administration that the accused is presumed to be innocent from very beginning.

"Here, the balance lies in favour of the society. No ground is made out for grant of bail. The bail application of the applicant stands rejected," it said.
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