The High Court
Case Details
CRM-M-1611-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-1611-2025 Reserved on: 17.02.2025 Pronounced on: 28.02.2025 Rohtash Singh ...Pe(cid:15)(cid:15)oner Versus State of Haryana and another …Respondents CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA Present: Mr. Pankaj Bali, Advocate for the pe(cid:15)(cid:15)oner. Mr. Aashish Bishnoi, DAG, Haryana. Mr. Manvender Chauhan, Advocate for respondent No.2. ANOOP CHITKARA, J. ****
Facts
FIR No. Dated Police Sta0on Sec0ons 485 05.11.2024 Nissing, Dis.. Karnal 420, 120-B IPC 1. The pe(cid:15)(cid:15)oner apprehending arrest in the FIR cap(cid:15)oned above has come up before this Court under Sec(cid:15)on 482 of Bhara(cid:15)ya Nagarik Suraksha Sanhita, 2023, [BNSS], seeking an(cid:15)cipatory bail. 2. In paragraph 9 of the bail pe(cid:15)(cid:15)on, 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 pe(cid:15)(cid:15)on as Annexure P-1, which reads as follows: “xxx To the Respected S.P. Sahab Ji, Karnal. Subject:- Applica(cid:31)on for taking legal ac(cid:31)on 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 Sta(cid:31)on Nissing, District Karnal and 6.Halqa Patwari Lakhan Pal (Mobile Number: 98139-xxxxx) and Re(cid:31)red Patwari Rohtash (Mobile Number:98966-xxxxx) and 7.H.D.F.C. Bank Manager Branch Nissing Sh. Kapish (Mobile No: 93153-xxxxx for commi?ng fraud with the applicant in connivance with officers/officials. Sir, the applicant prays as under: 1.That JYOTI 2025.02.28 13:45 I attest to the accuracy and integrity of this order/judgment. 1 CRM-M-1611-2025 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 deposi(cid:31)ng 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 seDled amount. But, even aEer 10 days of the execu(cid:31)on 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 applica(cid:31)on to the Tehsildar, Karnal and got the intqal stopped to entered in our favour. It is worth men(cid:31)oning 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 aEer 12 years. From this, it seems that from the start itself, 2 JYOTI 2025.02.28 13:45 I attest to the accuracy and integrity of this order/judgment. CRM-M-1611-2025 the inten(cid:31)on of the accused No. 1 to 5 was to commit fraud and in addi(cid:31)on to this, the accused No. 6 and 7 are fully involved in this and the accused persons, in spite of having knowledge that the above said land is kept under mortgage with the H.D.F.C. Bank in lieu of the sum of Rs. 17 Lacs 10 Thousands, but, they have made an agreement to sell with me with the inten(cid:31)on to commit fraud and all the accused persons usurped the amount by commi?ng fraud with the applicant. When the applicant requested to the above said accused No. 1 to 5 to deposit the amount of loan in the bank, then they flatly refused and said that aEer today, if you asked us to deposit the amount, then we will kill you. Therefore, it is prayed to your goodself that keeping the above said facts in view, strict legal ac(cid:31)on may be taken against the above said accused persons and my life and property may be protected. Thanking you very much. Dated 06.08.2024. Sd/-in Punjabi, Applicant: Amir Singh son of Para Singh, resident of Village Budhanpur Veeran, District Karnal.” 4. The pe(cid:15)(cid:15)oner's counsel prays for bail by imposing any stringent condi(cid:15)ons and contends that pre-trial incarcera(cid:15)on would cause an irreversible injus(cid:15)ce to the pe(cid:15)(cid:15)oner and his family. 5. 6. The State’s counsel opposes bail and refers to the status report. It would be appropriate to refer to the following por(cid:15)ons of the status report, which read as follows: “8. That the role of the pe(cid:31)(cid:31)oner in this case is quite specific. The pe(cid:31)(cid:31)oner being a public servant and was posted as Patwari on 18.06.2017 in the revenue estate of the property in ques(cid:31)on and therefore, entry was created by him. As per the Roznamcha entry No. 477 made in Jamabandi for the year 2014-15 prima-facie reflects clearance of loan from HDFC Bank. As per the record of Rapat No.477 does not belong to the property in ques(cid:31)on. Therefore, his custodial interroga(cid:31)on is required to find the truth, mode and manner of commission of offence and involvement of any other persons.” 7. Counsel for the complainant also opposes the bail. REASONING: 8. Pre-trial incarcera(cid:15)on should not be a replica of post-convic(cid:15)on sentencing. The JYOTI 2025.02.28 13:45 I attest to the accuracy and integrity of this order/judgment. 3 CRM-M-1611-2025
Legal Reasoning
evidence might be prima facie sufficient to launch prosecu(cid:15)on or to frame charges, but this Court is not considering the evidence at that stage but is analyzing it for the stage of an(cid:15)cipatory bail. An analysis of the above does not jus(cid:15)fy custodial interroga(cid:15)on or pre- trial incarcera(cid:15)on. 9. Given the above, the penal provisions invoked coupled with the primafacie analysis of the nature of allega(cid:15)ons and the other factors peculiar to this case, there would be no jus(cid:15)fiability for custodial interroga(cid:15)on or the pre-trial incarcera(cid:15)on at this stage. Without commen(cid:15)ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men(cid:15)oned above, the pe(cid:15)(cid:15)oner makes a case for bail. 10. The inves(cid:15)ga(cid:15)on indicates that the pe(cid:15)(cid:15)oner is not the main accused, so the pe(cid:15)(cid:15)oner's bail shall not be treated as a precedent for gran(cid:15)ng bail to the other co- accused with a higher role. 11. Given above, provided the pe(cid:15)(cid:15)oner is not required in any other case, the pe(cid:15)(cid:15)oner shall be released on an(cid:15)cipatory bail in the FIR cap(cid:15)oned above subject to furnishing bonds to the sa(cid:15)sfac(cid:15)on of the Arres(cid:15)ng Officer, and if the ma.er is before a Court, then the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accep(cid:15)ng the surety, the concerned Officer/Court must be sa(cid:15)sfied that if the accused fails to appear, such surety can produce the accused. 12. While furnishing a personal bond, the pe(cid:15)(cid:15)oner shall men(cid:15)on the following personal iden(cid:15)fica(cid:15)on details: 1. AADHAR number 2. Passport number (If available) and when the a.es(cid:15)ng officer/court considers it appropriate or considers the accused a flight risk. 3. Mobile number (If available) E-Mail id (If available) 4. 13. This order is subject to the pe(cid:15)(cid:15)oner’s complying with the following terms. 14. The pe(cid:31)(cid:31)oner is directed to join the inves(cid:31)ga(cid:31)on within seven days of uploading this order on the official webpage of the High Court of Punjab and Haryana and as and when called by the Inves(cid:31)gator. The pe(cid:15)(cid:15)oner shall be in deemed custody for Sec(cid:15)on 27 of the Indian Evidence Act, 1872/ Sec(cid:15)on 23 of BSA, 2023. The pe(cid:15)(cid:15)oner shall join the inves(cid:15)ga(cid:15)on as and when called by the Inves(cid:15)ga(cid:15)ng Officer or any Superior Officer and shall cooperate with the inves(cid:15)ga(cid:15)on at all further stages as required. In the event of failure to do so, the prosecu(cid:15)on will be open to seeking cancella(cid:15)on of the bail. During the inves(cid:15)ga(cid:15)on, the pe(cid:15)(cid:15)oner shall not be subjected to third-degree, indecent JYOTI 2025.02.28 13:45 I attest to the accuracy and integrity of this order/judgment. 4 CRM-M-1611-2025 language, inhuman treatment, etc. 15. The pe(cid:15)(cid:15)oner shall abide by all statutory bond condi(cid:15)ons and appear before the concerned Court(s) on all dates. The pe(cid:15)(cid:15)oner shall not tamper with the evidence, influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any witnesses, Police officials, or any other person acquainted with the facts and circumstances of the case or dissuade them from disclosing such facts to the Police or the Court. 16. In case the Inves(cid:15)gator/Officer-In-Charge of the concerned Police Sta(cid:15)on arraigns another sec(cid:15)on of any penal offense in this FIR, and if the new sec(cid:15)on prescribes a maximum sentence that is not greater than the sec(cid:15)ons men(cid:15)oned above, then this bail order shall be deemed to have also been passed for the newly added sec(cid:15)on(s). However, suppose the newly inserted sec(cid:15)ons prescribe a sentence exceeding the maximum sentence prescribed in the sec(cid:15)ons men(cid:15)oned above; then, in that case, the Inves(cid:15)gator/Officer-In-Charge shall give the pe(cid:15)(cid:15)oner no(cid:15)ce of a minimum of seven days, providing an opportunity to avail the remedies available in law. 17. This bail is condi(cid:15)onal, and the founda(cid:15)onal condi(cid:15)on is that if the pe(cid:15)(cid:15)oner indulges in any non-bailable offense, the State may file an applica(cid:15)on for cancella(cid:15)on of this bail before the Sessions Court, which shall be at liberty to cancel this bail. 18. The concerned trial court is authorized to delete, modify, or relax any of the above condi(cid:15)ons and shall be competent to do so in accordance with the law. 19. Any observa(cid:15)on made hereinabove is neither an expression of opinion on the case's merits nor shall the trial Court advert to these comments. 20. A cer(cid:15)fied copy of this order would not be needed for furnishing bonds, and any Advocate for the Pe(cid:15)(cid:15)oner can download this order along with case status from the official web page of this Court and a.est it to be a true copy. If the a.es(cid:15)ng officer wants to verify its authen(cid:15)city, such an officer can also verify its authen(cid:15)city and may download and use the downloaded copy for a.es(cid:15)ng bonds. 21. Pe00on allowed in terms men(cid:15)oned above. All pending applica(cid:15)ons, if any,
Decision
stand disposed of. 28.02.2025 Jyo(cid:15)-II Whether speaking/reasoned: Whether reportable: JYOTI 2025.02.28 13:45 I attest to the accuracy and integrity of this order/judgment. Yes No. 5 (ANOOP CHITKARA) JUDGE