Court rejects pre-arrest bail of two brothers in cheating case
Srinagar: A local court here rejected pre-arrest bail of two brothers in a cheating case here in Srinagar.
Additional Sessions Judge Srinagar Farooq Ahmad Bhat rejected the pre-arrested bail applications of two real brothers identified as Sheikh Ghulam Jeelani and Sheikh Showkat Ahmad, both sons of Sheikh Ghulam Qadir residents of Malla Bagh, Ellahi Bagh, Srinagar in cheating case.
As per the police report, a complainant identified as Abdul Rahman Bhat lodged a written complaint in police station Rajbagh to the effect that he saw an advertisement that M/s Taramount Estates Limited are selling small plots in different areas of Kashmir, as such he approached their office at Jawahar Nagar and paid Rs. 24 lacs against proper receipts.
It is alleged that neither any land was given to the complainant nor his money was returned and ultimately he reached to a conclusion that he has been de-frauded and cheated by the company, the report said.
On this report, FIR under 66/2022 in respect of offences under section 420 IPC was registered and investigation was set into motion and it came to light that Ghulam Qadir, Ghulam Jeelani Sheikh, Shaista Ali and Sheikh Showkat have committed offence under section 420 IPC.
During the course of investigation, it also surfaced that the petitioners and their parents have cheated so many persons by grabbing a huge amount on the promise that plots will be provided to them at different locations. It also came to light during the investigation that the aim and objective of the family was to cheat the people on false promises and some cheques have also been issued to certain persons in lieu of the amount that was received which certainly seconded and corroborated the contents of the complainant that money was transacted to the petitioners and their parents who being the directors of the company, the report said.
As per the police report, the investigation is complete but the petitioners are evading arrest and efforts are on to trace them out.
Additional Sessions Judge Srinagar Farooq Ahmad Bhat after hearing both the sides observed that in the present case, as already stated, the petitioners are alleged to be involved in a serious case of fraud which has led to embezzlement of more than Rs.24 lacs.
In fact, the magnitude of fraud is still under investigation and is at a pre-trial stage in view of the fact that two more accused are yet to be brought to the fold of the investigation. At this stage, if the petitioners are admitted to anticipatory bail, it is definitely going to impact further investigation of the case in an adverse manner when similar complaints of the same nature are pending against the petitioners and their parents for cheating various people by inducing them to part with their hard money, the court observed.
As per the police report, the petitioners and their parents after ‘clutching’ a hefty amount from a considerable number of persons closed their offices, thereby having resorted to cheating and fraud.
The recovery of the amount alleged to have been embezzled by the petitioners are yet to be effected and if the petitioners are admitted to bail, the recovery of the said amount may not be possible without their arrest and custodial interrogation and this aspect can’t lose sight of that High Court is also seized of the matter brought to its notice by virtue of writ petition No. 2264/2024 and for all the aforesaid reasons, the court said.
