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2023 Supreme(SC) 618

SURYA KANT, C. T. RAVIKUMAR
Pratibha Manchanda – Appellant
Versus
State of Haryana – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Saket Sikri, Adv. Mr. Gautam Khazanchi, Adv. Mr. Ajaypal Singh Kullar, Adv. Mr. Vikalp Mudgal, AOR
For the Respondent(s): Ms. Bansuri Swaraj, A.A.G. Mr. Nihar Dharmadhikari, Adv. Dr. Monika Gusain, AOR Mr. Raktim Gogoi, Adv. Mr. Kartikeya Singh, Adv. Mr. S Vinod, Adv. Mr. Shivam Pal Sharma, Adv. Mr. Rakesh Kumar Singh, AOR

JUDGMENT

Surya Kant, J.

1. Application seeking permission to file the SLP is allowed. Leave Granted.

2. The instant appeal arises from a judgment of the High Court of Punjab and Haryana at Chandigarh (hereinafter, ‘High Court’) dated 31.05.2022, whereby the High Court allowed the petition filed under Section 438 of the Code of Criminal Procedure, 1973 (hereinafter, ‘Cr.P.C’) and granted anticipatory bail to Respondent No. 2 in FIR No. 113 of 2022, dated 16.03.2022, registered at PS Badshahpur, district Gurugram, under Sections 406, 420, 467, 468, 471 and 120-B of the Indian Penal Code, 1860 (hereinafter, ‘IPC’).

A. FACTS

3. The abovementioned FIR was lodged by the Appellants against Respondent No. 2 and other co-accused individuals, namely, Shel Narang, Bhim Singh and Vinod. According to the contents of the FIR, the Appellants are senior citizens who were owners and had possession over the land bearing rect. No. 55, Killa No. 3/1 (79), 4/1 (713), measuring 15 Kanal 2 Marla, situated within the revenue estate of Village Begampur Khatola, Tehsil Kadipur, District Gurugram (hereinafter, ‘Subject Land’) for over a period of 30 years. The Appellants claim that they never sold the Subject Lan

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