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2025 Supreme(Online)(P&H) 12235

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ASHOK – Appellant
Versus
STATE OF HARYANA – Respondent



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 15th May, 2025 Ashok ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Kunal Dawar, Advocate for the petitioner.

Mrs. Sheenu Sura, Deputy Advocate General, Haryana.

Mr. Sanjeev Gupta, Advocate for the complainant.

***

MANISHA BATRA, J (ORAL):-

The present petition has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) by the petitioner seeking grant of anticipatory bail in case bearing FIR No. 138 dated 07.06.2024 registered under Sections 420, 467, 468, 471 and 120-B of IPC at Police Station Chhainsa, Faridabad.

2. Adumbrated facts as emanating from the record are that the aforementioned FIR was registered on the basis of complaint lodged by complainant Karvender Singh @ Karmender alleging therein that his mother Narayani @ Girajo Devi wife of late Nawab Singh was co-owner in possession of 10 kanals and 08 marlas of agricultural land situated within the Revenue Estate of Chaisa, Faridabad. Mutation of this land was entered in the name of his mother on 04.01.1966. She had died on 20.11.1970. After her death, the petitioner along with other legal representatives of his mother had inherited ownership of this land. They had requested their maternal uncle Nihal and his son Rajender to get the mutation of inheritance transferred and entered in their name and both of them had assured to do so.

3. The complainant further alleged that on asking of Nihal Singh and Rajender, the land in question had been given to them for cultivation on an oral lease. In lieu of receipt of a small amount of money as lease money. After the death of Nihal Singh, the accused Rajender, Girish and Digamber, who are sons of the deceased, had been cultivating the said land and used to pay said money. However, from the last two years, they had stopped doing so. The complainant further alleged that he along with his brother Raghuraj Singh had decided to sell some area of land inherited from their mother and had accordingly entered into an agreement to sell the same with one Satyapal. They had also received a sum of Rs. 2,00,000/- by way of earnest money. He alleged that before entering into an agreement, he had contacted the village Patwari for procuring jamabandi and then came to know that the land in question was still in the name of his deceased mother. When he asked the accused-Rajender to get the mutation entered in the names of legal representative of his mother, he came to know that the mutation of inheritance of the same land had been entered in the names of accused Ommi Singh, Pappu, Rakesh Dharampal, Bhimwati, Rajpal, Lakhpat and Ashok as on 27.12.2023. They also disclosed that the above named accused had again executed a relinquishment deed qua the same land in favour of the accused Rajender Singh, Girish and Digambar. It also came to the knowledge of the complainant that the accused Ommi Singh etc. had represented themselves to be legal representatives of Smt. Narayani. The documents including the death certificate as submitted by the accused were found to be forged and fabricated. By alleging that they had been cheated by the accused persons and in connivance with accused Rajender Singh, offences of forgery and use of forged documents had been committed, he prayed for taking action in the matter. After registration of FIR, investigation proceedings have been initiated and are underway. Apprehending his arrest, the petitioner moved an application for grant of pre-arrest bail before the learned Additional Sessions Judge, Faridabad, which was dismissed vide order dated 19.02.2025.

4. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. Civil litigation with regard to this property in question is pending between the parties. Smt. Narayani had died on 04.05.1970. Her two sons namely Rajpal and Nakul had also died subsequently. The petitioner is

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