Tirlok Singh vs State of Haryana - 2023 Supreme(P&H) 1715

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1715

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Manjari Nehru Kaul, J.
Tirlok Singh – Appellant
Versus
State of Haryana – Respondent
CRM-M No. 8378 of 2023
Decided On : 04-07-2023

Advocates appeared:
For the Parties : Mr. Naveen Gupta, Mr. Trishanjali Sharma DAG, Haryana

Headnote:(A) Criminal Procedure Code, 1973 - Section 438 - Anticipatory bail - Petition for anticipatory bail in FIR under Sections 406 and 420 IPC - No specific role attributed to petitioner; co-accused is alleged culpable party - Petitioner cooperated with investigation. (Paras 1-2)

(B) The interim anticipatory bail granted earlier was made absolute as the petitioner is not required for further investigation. (Para 5)

Facts of the case:
The petitioner seeks anticipatory bail related to an FIR alleging fraud over a land sale dispute without specific culpability attributed to him but to a co-accused.

Findings of Court:
The petitioner complied with the interim order; no further need for custody.

Issues: Whether the petitioner holds culpability in the alleged fraud and is eligible for anticipatory bail.

Ratio Decidendi: The court emphasized that the petitioner had joined the investigation and was not needed for further inquiry, warranting bail.

Result: Petition allowed.

Table of Content
1. petition for anticipatory bail under cr.p.c. (Para 1)
2. no specific role attributed to the petitioner. (Para 2)
3. petitioner complied with investigation requirements. (Para 3)
4. state counsel confirms petitioner's cooperation. (Para 4)
5. grant of anticipatory bail made absolute. (Para 5)

Judgment

Mrs. Manjari Nehru Kaul, J.

The petitioner is seeking the concession of anticipatory bail under Section 438 of the Cr.P.C. in case FIR No.52, dated 30.01.2023 (Annexure P-1), under Sections 406 and 420 of the IPC, registered at Police Station Mahesh Nagar, District Ambala.

2. Vide order dated 16.02.2023, a Coordinate Bench of this Court had been granted interim anticipatory bail to the petitioner with direction to join investigation and the relevant part of the said order reads as under:-

“Learned counsel for the petitioner contends that no specific role has been attributed to the present petitioner but the co-accused Santokh Singh, who is real brother of the present petitioner, is the culprit, who sold out 165 square yards i.e., the land which does not belong to him as 200 square yards of the land stood already sold to one Abha Tiwari by the petitioner as well as his brother Santokh Singh vide Annexure P-2, which is a registered sale deed dated 14.07.2014 and duly bears the signatures of the petitioner as well as Santokh Singh. He asserts on the strength of this background that now it is only the Santokh Singh, who has executed the instant sale deed with the complainant and might have committed fraud as the petitioner is neither the beneficiary nor the executant of the instant sale deed (Annexure P-3), executed on 18.07.2014. He also asserts that the instant FIR is now got registered on 30.01.2023, by the beneficiary of sale deed dated 18.07.2014 (Annexure P-3).”

3. Learned counsel for the petitioner submits that in compliance of order dated 16.02.2023, the petitioner has joined investigation and cooperated with the investigating agency.

4. Learned State counsel, on instructions, does not dispute the factum of the petitioner having joined investigation and cooperated with the investigating agency. She, on further instructions, submits that the petitioner is not required for further investigation much less for his custodial interrogation.

5. In view of the above, the petition is allowed and interim order dated 16.02.2023, is made absolute subject to the conditions laid down in Section 438 (2) Cr.P.C.

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