PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ANOOP CHITKARA, J.
Rohtash Singh – Appellant
Versus
State of Haryana And Another – Respondent
CRM-M-1611-2025
Decided on : 28-02-2025
JUDGMENT :
Anoop Chitkara, J.
FIR No. | Dated | Police Station | Sections |
485 | 05.11.2024 | Nissing, Distt. Karnal | 420, 120-B IPC |
1. The petitioner apprehending arrest in the FIR captioned above has come up before this Court under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking anticipatory bail.
2. In paragraph 9 of the bail petition, the accused declares that he has no criminal antecedents.
3. The facts of the case are being taken from the translated copy of FIR annexed with the bail petition as Annexure P-1, which reads as follows:
"xxx To the Respected S.P. Sahab Ji, Karnal. Subject:- Application for taking legal action against accused No.1, Radha Devi Widow of Pasi Ram, 2. Janu (Mobile Number 99960-xxxxx), 3-Gaurav, Sons of Late Pasi Ram son of Sh. Sube Singh and 4.Shekhar, 5.Sagar (Mobile Number 99966-xxxxx), Sons of Shamsher Singh son of Sh. Sube Singh, residents of Village Ongad, Police Station Nissing, District Karnal and 6.Halqa Patwari Lakhan Pal (Mobile Number: 98139-xxxxx) and Retired Patwari Rohtash (Mobile Number:98966-xxxxx) and 7.H.D.F.C. Bank Manager Branch Nissing Sh. Kapish (Mobile No: 93153-xxxxx for committng fraud with the applicant in connivance with officers/officials. Sir, the applicant prays as under: 1.That the applicant, Amir Singh son of Sh. Piara Singh, is resident of Village Budhanpur Veeran District Karnal and has faith in law. 2.That all the above said accused No. 1 to 5 are owners in possession of land measuring 37 Kanal 18 Marlas in Village Ongad, Tehsil and District Karnal and they got one agreement to sell prepared to sell the above said land for a sum of Rs. 1 Crore 37 Lacs 65 Thousands and the applicant purchased their land 37 Kanal 18 11 Marlas by giving the above said amount to the above said accused No.1 to 5 according to Waseeka No: 2609/1 Dated 13.06.2024 and the accused No. 1 to 4 told the applicant that out of the above said land measuring 37 Kanal 18 Marlas, the land of our share is kept under mortgage with Indian Bank, Nissing for a sum of Rs. 18 Lacs 50 Thousands and the accused No. 4 and 5 told that the land of our share out of the land measuring 37 Kanal 18 Marlas is also kept under mortgage with the above said bank for a sum of Rs. 18 Lacs 50 Thousands and the accused No. 1 to 5 got the loan cancelled by depositing the money in the bank out of the amount of the earnest money given in lieu of the land purchased by me and the above said accused No.1 to 5 gave assurance to me that except this, no other land of ourselves is kept under mortgage in any other bank and said that in spite of this, if any loan against this land is found, then the responsibility of making the payment of the same will be of ourselves. But, the above said accused No.1 to 5 had taken loan of Rs. 17 Lacs 10 Thousands against the above said land from H.D.F.C. Bank and in lieu of this, they had kept land measuring 59 Kanal under mortgage and out of this, the land measuring 37 Kanal 18 Marlas, sold to the applicant, was also included. That the accused No. 1 to 5, in connivance with accused No. 6 and 7 did not get the above said loan to be entered in Jamabandi and relying on the accused No. 1 to 5, I got the registry executed of the land measuring 37 Kanal 18 Marlas by giving the settled amount. But, even after 10 days of the execution of the registry, officers of the bank and the accused No. 1 to 5 got the above said mortgage entered in the jamabandi by giving an application to the Tehsildar, Karnal and got the intqal stopped to entered in our favour. It is worth mentioning that the above said land has been kept under mortgage from dated 31.08.2012 in favour of the H.D.F.C. Bank, but the accused No. 1 to 5, with the help of the accused No. 6 and 7 did not get the same to be entered in the intqal and as soon as the registry of the above said land measuring 37 Kanal 18 Marlas was executed in our favour, then they got the mortgage entered in the Jamabandi after 12 years. From this, it seems that from the star
The court held that anticipatory bail is warranted where pre-trial incarceration lacks justification, emphasizing the presumption of innocence and the nature of allegations.
Anticipatory bail granted when pre-trial incarceration is not justified, emphasizing that such incarceration should not replicate post-conviction sentencing.
Anticipatory bail can be granted even after prior custody if custodial interrogation is not justified, balancing individual rights with the necessity of a fair trial.
Anticipatory bail granted as no substantial basis for pre-trial incarceration was found, emphasizing that evidence does not justify denying bail at this stage.
The Court balanced the rights of the accused and the needs of the investigation, imposing stringent conditions to address concerns of influencing the investigation and fleeing justice.
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