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IN THE HIGH COURT OF PUNJAB AND HARYANA
Arun Kumar Tyagi, J.
Laxman Singh Negi - Appellant
Versus
State Of Haryana And Another - Respondent
CRM-M-45804-2019
Decided On : 09-01-2020
Bail - Criminal Conspiracy - IPC 1860, Sections 420, 467, 468, 471, 120-B - Cr.P.C, Section 439
Fact of the Case:
The petitioner filed a bail application under Section 439 of the Cr.P.C for a case involving allegations of criminal conspiracy, forgery, and cheating under various sections of the IPC. The case revolved around a dispute over land ownership and fraudulent transactions.
Finding of the Court:
The court found that the case primarily involved a civil dispute that had been given the color of criminal offenses. It considered the petitioner's medical condition and the likelihood of a lengthy trial, ultimately granting the petitioner regular bail.
Issues: The issues involved the alleged criminal conspiracy, forgery, and cheating in the context of a civil land dispute, as well as the petitioner's medical condition and the length of the trial.
Ratio Decidendi: The court's decision was influenced by the nature of the case as primarily a civil dispute, the petitioner's medical condition, and the expected lengthy trial, emphasizing that bail is the rule and jail an exception.
Final Decision: The petition was allowed, and the petitioner was ordered to be released on regular bail.
JUDGMENT
Arun Kumar Tyagi, J. (Oral) - The petitioner has filed present petition under Section 439 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C) for grant of regular bail to him in case FIR No.523 dated 14.11.2018 registered under Sections 420, 467, 468, 471 and 120-B of the Indian Penal Code, 1860 (for short 'the IPC) at Police Station Sector-14, Gurugram.
2. Briefly stated the facts relevant for disposal of the bail application are that complainant-Jetha Nand Saluja submitted written complaint to the Commissioner of Police, Gurugram against the petitioner and others alleging that the complainant had purchased Plot No.69/4, Sector-14, Gurugram from Smt. Kaushal Aggarwal and Smt. Sunita Aggarwal vide sale deed No.17453 dated 25.10.2013. The petitioner and other persons named in the complaint in conspiracy forged documents to grab his land and create the dispute regarding the same for harassing and blackmailing him. Mr. Suresh Kumar Ahuja, Managing Director of M/s Read Gold Builder Private Limited, 36-A Jakranda Marg, D.L.F., Phase-II, Gurugram by forging a collaboration agreement (dated 05.01.2013) with Smt. Kaushal Aggarwal and Smt. Sunita Aggarwal executed documents purporting to give allotment rights for allotment of flats to various persons including wife of the petitioner and received earnest money from them as mentioned in the complaint. Mr. Suresh Kumar Ahuja executed agreement to sell dated 26.10.2013 in favour of Ms. Pratibha Negi, wife of the petitioner, in respect of flat No.202, Plot No.69/4, Sector-14, Gurugram for Rs.50,00,000/- against receipt of Rs.40,00,000/-. On complaint of Mr. Nitin Gupta and Ms. Neha Gupta, FIR No.372 dated 01.05.2014 was registered under Sections 420, 467, 468, 471 and 120-B of the IPC at Police Station Civil Lines, Gurugram against Suresh Kumar Ahuja, complainant-Jetha Nand Saluja and others in which Suresh Kumar Ahuja has been declared as proclaimed offender while complainant-Jetha Nand Saluja was found innocent. Mr. Vivek Gupta dishonestly received amount of Rs.l crore and 10 lacs from complainant-Jetha Nand Saluja and his relatives and got allotment rights for allotment of flats transferred in his favour from five allottees including wife of the petitioner. Vivek Gupta got agreement dated 16.06.2015 executed by the petitioner and his wife Pratibha Negi regarding limited allotment rights for allotment of the above-said flat in his favour. The petitioner and other persons arrayed in the complaint having no right title or interest in the above-said land could not enter into any agreement regarding the same claiming delivery of possession and they thereby committed offences punishable under Sections 384, 387, 420, 467, 468, 471, 506 and 120-B of the IPC. The above referred FIR was registered on the basis of the written complaint. The petitioner who is in custody since 03.08.2019 has filed the present petition for bail.
3. The petition has been opposed by learned State Counsel in terms of reply dated 23.11.2019 and additional reply dated 07.01.2020 filed by respondent No. 1-State.
4. I have heard learned Counsel for the petitioner, learned State Counsel and learned Counsel for the complainant and gone through the relevant record.
5. Learned Counsel for the petitioner has argued that no offence is made out against the petitioner and his wife who had merely transferred limited rights to allotment of flat and no loss was caused to the complainant-Jetha Nand Saluja. Complainant-Jetha Nand Saluja had already sold the land in question to Mr. Pran Mehta vide sale deed No.28014 dated 08.02.2016 and had no right, title and interest of the land at the time of lodging of the FIR. The present FIR was got registered as a counter-blast to FIR No.372 dated 01.05.2014 registered under Sections 420, 406, 467, 468, 471 and 120-B of the IPC at Police Station Civil Lines, Gurugram against complainant-Jetha Nand Saluja and others. Complainant-Jetha Nand Saluja through Vivek Gupta purchased the
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