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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANJAY VASHISTH
Renu Mehta – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
SANJAY VASHISTH, J.
1. Petitioners, namely Renu Mehta, aged 51 years and her husband-Neeraj Mehta, aged 56 years, have filed the present petition, under Section 438 Cr.P.C., seeking pre-arrest bail in FIR No. 0078, dated 21.04.2022, under Sections 406 , 420 and 120-B of IPC , registered at Police Station Phase-I, S.A.S. Nagar (Mohali) [Annexure P-2].
2. This case revolves around a property dispute amongst the petitioners and the complainant, concerning an industrial plot, bearing No. D-38, Industrial Area, Phase-I, S.A.S. Nagar (Mohali), measuring 1416.67 Square Yards. The said plot is jointly owned by both the petitioners, having 50% share each.
3. Before setting out the details of the transaction in chronological sequence, it would be appropriate to first refer to the FIR (supra) registered by the complainant, Gurdev Sahai Marwah, which reads as under:
“1. That the Complainant No. 1 who is a senior citizen, has been residing at the above mentioned address in the United States of America for a long time and has given her General Power of Attorney dated 07.09.1985 (copy enclosed) to her close relative i.e. the Complainant No. 2, which is duly embossed by the Finance and Plan
The court emphasized that parties must adhere to contract terms, with equitable considerations influencing the grant of bail in criminal cases involving substantial financial transactions.
The court may grant bail considering the nature of the accusation, severity of punishment, risk of witness tampering, and evidence available, balancing personal liberty and public interest.
Conspiracy - Rejection of application for anticipatory bail - Required in-depth investigation.
Point of Law : Conspiracy - Rejection of application for anticipatory bail - Required in-depth investigation
Anticipatory bail denied due to serious allegations of conspiracy and fraud in property transactions, necessitating further investigation.
The court's decision to grant bail was based on the completion of investigation, primarily documentary evidence, and the accused's custody for the past year, in line with the principles laid down by ....
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