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2023 Supreme(P&H) 2166

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
GURVINDER SINGH GILL, J.
Harsher Singh & Ors. – Petitioners
Versus
State of Punjab – Respondent
CRM-M-52152 of 2022 (O&M)
Decided On : 21-03-2023

Advocates Appeared:
Mr. P.S.Hundal, Senior Advocate with Mr. Vikrant Singh, Advocate; For the Petitioner in CRM-M-52152-2022.
Mr. Naveen Bawa, Advocate; For the Petitioner in CRM-M-59005-2022.
Mr. Luvinder Sofat, DAG, Punjab.
Mr. Mohit Kumar, Advocate, for the complainant

Headnote:(A) Prevention of Corruption Act - Section 7, Indian Penal Code - Sections 420, 465, 468, 471 & 120-B - Anticipatory bail - Allegations of the accused forgery related to land records and corrupt practices by revenue officials - Police investigation indicates that the state continues to have rightful ownership of the land, yet private individuals have manipulated records for personal gain. (Paras 1, 2, 5, 9, 10, 11)

(B) Bail consideration - The court assesses whether the accusations warrant custodial interrogation, accounting for the possibility of evidence tampering and the nature of the crime. (Paras 8, 12)

Facts of the case:
The petitioners sought anticipatory bail concerning a FIR for forgery in land records, involving manipulations to claim possession of government land, allegedly corrupt practices by revenue officials.

Findings of Court:
The anticipatory bail for Ranjit Singh and Harsher Singh is denied due to the nature of the allegations. However, Ramandeep Kaur and Rimplejeet Kaur are granted bail due to their status as women and lack of evidence suggesting direct involvement in the fraud.

Issues: The court examined the authenticity of the property claims, the necessity for custodial interrogation, and the differing implications for male and female petitioners regarding bail.

Ratio Decidendi: The court emphasized the critical nature of safeguarding both the integrity of land records and the need for equitable treatment under the law, particularly for women.

Result: CRM-M-59005-2022 denied; CRM-M-52152-2022 for Ramandeep Kaur and Rimplejeet Kaur accepted.

Table of Content
1. allegations of forged revenue records (Para 2 , 3 , 4 , 5)
2. arguments for and against bail (Para 6 , 7)
3. observation of land possession discrepancies (Para 9 , 10 , 11)
4. decision on differentiating bail based on gender (Para 12)
5. final order of bail decision (Para 13 , 14)

JUDGMENT

Gurvinder Singh Gill, J. (Oral)

This order shall dispose of aforesaid 2 petitions i.e. CRM-M-52152-2022 filed on behalf of Harsher Singh, Ramandeep Kaur & Rimplejeet Kaur as well as CRM-M-59005-2022 filed on behalf of Ranjit Singh @ Ranjit Singh Patwari, seeking grant of anticipatory bail in respect of a case registered vide FIR No.20 dated 19.10.2022 at Police Station Vigilance Bureau Range, Amritsar, under Section 7 of the Prevention of Corruption Act and Sections 420 , 465, 468, 471 & 120-B IPC.

2. The allegations, in nutshell, are that land comprised in Khasra Murabba No.42 min, Village Darya Mansoor, Tehsil Ajnala, District Amritsar falls under the course of Ravi river and is owned by Punjab Government's Reclamation and Rehabilitation Department. River Ravi keeps on changing its course and sometimes the river flows over the said land and sometimes changes its course. Out of the total of 207 kanals of said land, land measuring 160 kanals is shown to be in possession of Brijnev Singh and Harsher Singh ever since before the year 1988. But as a matter of fact, 80 kanals of the said land has been proved to be in possession of complainant - Sukha Singh since the last 3-4 years, who had installed his tubewell, tap for irrigation and has been cultivating the said land. However, Brijnev Singh had been claiming that he had sold the said land to Sukhdeep Singh in the year 2009, but till date Brijnev Singh or Harsher Singh could not furnish any proof. Bachittar Singh father of Brijnev Singh and Harsher Singh had died on 24.03.2016. As per report No.176 dated 28.01.2020 issued by Tehsildar Ajnala to S.D.M. Ajnala, Amritsar, also it is Sukha Singh, who is stated to be in cultivating possession. About 47 kanals of land out of the total land measuring about 200 kanals comprised in khasra Murabba No.42 min, is shown in possession of Sukhdev Singh since the last 18-19 years.

3. Brijnev Singh, Harsher Singh, Sukhjit Singh and his two sons Prabhdeep Singh and Ravdeep Singh in connivance with three Patwaris namely Dalbir Singh, Ranjit Singh and Lakhbir Singh, who all had remained posted within the area of Patwar Circle Araji Daria, prepared a fake Girdawari rectification while referring to a fake case No.143 dated 25.11.2015, got recorded a roznamcha report No.139 dated 13.01.2015 in respect of land measuring 80 kanals from 2015 onwards, so as to show Brijnev Singh and Ramandeep Kaur wife of Harsher Singh to be in possession in the revenue record. It is further alleged that another piece of land measuring 80 kanals was shown to be in khasra Girdawari in the name of Prabhdeep Singh, Ravdeep Singh sons of Sukhjit Singh during the period 2010 to 2015.

4. It is further alleged that the accused in connivance with Patwari Ranjit Singh and Patwari Lakhbir Singh got recorded report No.361 dated 10.08.2016 in the revenue record/Girdawari pertaining to the aforesaid 160 kanals on the basis of another fake Girdawari rectification No.28 dated 29.09.2015 and the names of Brijnev Singh, Ramandeep Kaur, Prabhdeep Singh and Ravdeep Singh were shown in the Girdawari register for the year 2010-2015 and with respect to Haadi 2016 and also got the same recorded in jamabandi for the year 2014-2015 in the column of cultivator/possession, whereas as a matter of fact it was Sukha Singh, who was in possession of 80 kanals of land and who had been cultivating the same. It is further alleged that similarly during the tenure of Patwari Dalbir Singh, entry regarding Girdawari rectification was entered vide report No.54 dated 21.10.2013 on the basis of a fake Girdawari rectification case No.136 dated 18.03.2013 and entries were recorded in respect of the same pieces of land

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