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2025 Supreme(Online)(P&H) 27694

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



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Rahul Lalwani ... Petitioner Vs.

State of Haryana ... Respondent 1. The date when the judgment is reserved 25.03.2026 2. The date when the judgment is pronounced 30.03.2026 3. The date when the judgment is uploaded on the 30.03.2026 website

4. Whether only operative part of the judgment is Full pronounced or whether the full judgment is pronounced

5. The delay, if any, of the pronouncement of full Not applicable judgment, and reasons thereof CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. R.S. Rai, Senior Advocate with Mr. Vishal Sharda, Advocate for the petitioner.

Mr. Neeraj Poswal, AAG, Haryana.

Mr. Vinod Ghai, Senior Advocate with Mr. Pratap Singh, Advocate and Mr. Vijay Dahiya, Advocate for the complainant.

...

Manisha Batra, J. (Oral).

1. The present petition has been filed by the petitioner for grant of anticipatory bail in case arising out of FIR No.80, dated 05.05.2025, registered under Sections 420, 467, 468, 471 and 511 IPC, at Police Station Sector-37, District Gurugram.

2. The aforementioned FIR was registered on the basis of a written complaint filed by complainant – Brij Lal Lalwani, alleging therein that he had purchased some land situated in village Mohammadpur Jharsa, Sector- 36, Gurugram, Haryana vide a registered sale deed dated 17.08.1988. His son Girdhar Lalwani in connivance with the present petitioner, who is grandson of the complainant and his wife Sulakshna Lalwani with an intent to grab the said property, prepared a forged and fabricated document purported to be a deed of gift of the aforementioned property by him, in favour of his son Girdhar Lalwani. It was alleged that the said gift deed neither bore his signatures nor it was a registered document. He came to know about the existence of such gift deed only when his son filed a civil suit bearing No.2839 of 2024. By alleging that previously, he had also filed a civil suit bearing No.4361 of 1998 against his son Girdhar Lalwani seeking injunction against them thereby restraining them from entering in his house or office as they had be harassing him and that he had been cheated and defrauded at the hands of his son, the petitioner and co-accused Sulakshna Lalwani, he prayed for taking action in the matter.

3. On his complaint, the aforementioned FIR was registered. Apprehending his arrest, the petitioner moved an application for grant of pre-arrest bail, which has been dismissed by the Court of learned Additional Sessions Judge, Gurugram vide order dated 26.05.2025.

4. Vide order dated 28.05.2025 passed in this petition, the petitioner had been granted interim bail and had been directed to join investigation.

5. It is argued by learned counsel for the petitioner that he has been falsely implicated in this case. He has no concern with the property owned by his grandfather which belongs to HUF of which his father and grandfather i.e. the complainant are part of. He has no interest in that property and had only been looking after the Gaushala existing on this property for the purpose of charity. He does not intend to take any share from this property. The complainant had executed a General Power of Attorney in favour of his father to contest litigation which has ensued on account of acquisition proceedings initiated by the State Government. It was his father, who had been looking after the property in question ever since then and has been maintaining the temple and gaushala existing over the same as a power of attorney holder of the complainant. A trust deed has been created to manage the gaushala property as his father was unable to manage it alone. The complainant had probably sold this property to someone else. A civil suit for declaration has been filed by his father and as a counter-blast to the same, this FIR has been lodged by the complainant. The petitioner was only 05 years old at the time of making of alleged gift deed and hence could not be stated to have any role to play in preparation of the sa

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