IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH *****

274 CRM-M-45759-2025 Date of Decision : 11.11.2025 BALBIR SINGH PATHANIA ...Petitioner VERSUS STATE OF HARYANA ...Respondent CORAM: HON’BLE MS. JUSTICE AARADHNA SAWHNEY Present: Mr. Brajesh Yadav, Advocate, Mr. Akshay Kumar, Advocate and Mr. Ajeet Yadav, Advocate for the petitioner.

Mr. Vishal Singh, AAG, Haryana.

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AARADHNA SAWHNEY, J. (ORAL)

1. This petition for grant of bail under Section 483 BNSS, has been filed by petitioner, an accused in case bearing FIR No.144 dated 02.06.2024 registered against him at Police Station Sector 40, District Gurugram, for the commission of offences punishable u/s 81, 82 of Registration Act, 1908 and Sections 120-B, 177, 420, 423, 467, 468, 471 of IPC (now Sections 61, 212, 318 (4), 322, 338, 336(3), 340(2) of BNS).

2. Relevant facts as emerging from documents/Status Report as filed by the State, be noticed hereinbelow:-

Late Swami Dhirender Bharamchari, a renowned Yoga Guru had incorporated and got registered a society under the name and style of ‘Aparna Ashram’ (bearing registration No.S5766 of 1973-74) under the Societies Registration Act.

The Society was incorporated to spread the benefits of Yoga among the masses, the member of the Society were obliged to discharge the duties for the benefit of public at large. ‘Governing Council’ consisting of 4 members including the Yoga Guru was constituted to carry out aims and objectives of the Society.

In 1983-84, Swami Dhirender purchased land measuring 192 Kanal

16 marlas situated within the revenue estate of Village Silokhra Tehsil and District Gurgaon, in the name of ‘Aparna Ashram’, with the help of donation and grants received by him from time to time from the Central Government.

Notice of acquisition of land in question, including some other land of Village Silokhra Tehsil and District Gurgaon, was set aside by this Court in CWP-3117-1990, filed by late Swami Dhirender Bharamchari.

In June, 1994, after the death of Swami, two rival groups came into existence to manage the affairs of the society; one led by Laxman Chaudhary and another led by Murali Chaudhary. Murli group consisted of Subhash Dutt, his brother Ashok Kumar, Himanshu, accused - K.S. Pathania (since deceased) his son Bharat, B.S. Pathania (petitioner herein), S.P. Verma etc.

In July 1997, the Income Tax Authorities raised a demand of Rs.24,80,28,076/- from the Society for the assessment years 1972-73 to 1992-93. In compliance of the order, Rapat No.552 notifying the attachment of land of the Society was passed.

In August 2000, accused - K.S. Pathania (since deceased) and others convened a meeting and authorized Subhash Dutt to enter into Collaboration and Development agreement with M/s Damodar Corporation. B.S. Pathania (petitioner herein) was also enrolled as a member of the Society in their metting.

In September, 2000, a partnership firm under the name of ‘M/s Sri Damodar Corporation’ consisting of 3 partners (Kailash Nath Chaturvedi, Sushila Devi and Hasthimal Jain Munoot) was formed. On the following day, Subhash Dutt entered into Collaboration Development Agreement with M/s Sri Damodar Corporation. On the strength of the said CDA, M/s Sri Damodar Corporation entered into multiple agreements with various companies including M/s Unitech Limited, M/s MGF Development Ltd., M/s IDM International and M/s Columbia Holdings Pvt. Ltd.

The rival group of Laxman Chaudhary and Aparna Ashram filed a Civil Suit bearing No.232/2004 in Gurgaon against M/s Sri Damodar Corporation and the above builder firms. The said suit was though withdrawn. On similar grounds in August 2004, Aparna Ashram and others filed a Civil Suit No. 125 of 2004 against the builder firms and the rival faction of the Society, averring therein that Subhash Dutt had no authority to enter into collaboration agreement. The suit was decreed, vide judgment and decree dated 16.12.2016. The society was held to be owner in possession of the land in question. Agreements executed on