Dismissed

Harender v. State of Haryana

Punjab & Haryana HC13 Feb 2009CRM-M/28778/2008

Case brief

AI extract

What is this about?

This judgment dismisses a petition for anticipatory bail under Section 438 Cr.P.C. The court held that the facts reveal a prima-facie case of cheating and forgery involving fraudulently registered sale deeds, warranting custodial interrogation, thereby rejecting the bail plea.

What did the court decide?

The petition for anticipatory bail was dismissed as the prima-facie case disclosed likelihood of arrest.

Harender Vs State of Haryana — Cheating and Forgery | Punjab & Haryana HC (2009)

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Criminal Misc. No. M-28778 of 2008

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. No. M-28778 of 2008 Date of Decision:13.02.2009

Harender

.....Petitioner

Vs.

State of Haryana

.....Respondent

CORAM:- HON'BLE MR. JUSTICE HARBANS LAL

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Present:Mr. R.N. Lohan, Advocate for the petitioner.

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Mr. Sanjay Mittal, Advocate for the complainant.

JUDGMENT

HARBANS LAL, J.

This petition has been moved by Harender under Section 438 of Cr.P.C seeking his anticipatory bail in case FIR No.289 dated 15.9.2008 registered under Sections 420/467/468/471 IPC at Police Station Model Town, Rewari.

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The facts in brief are that the case was registered on the basis of the statement of Kaushalya Devi, who stated that her mother has expired in 1999. Her father died on 18.7.2007, whereafter she had gone to the Halqa Patwari for getting the mutation sanctioned. On 9.2.2007, it was revealed that vide registered sale deeds No.9098 and 9099, the land has been sold to Daya Nand, Harender Singh, Sunil and Raj Kumar sons of Ghisa Ram resident of Ladhuwas and loan on the land of her father for the purchase of tractor has been obtained from Punjab National Bank, Nangal Mundi. When she approached this Bank, the record was not shown to her. On

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Criminal Misc. No. M-28778 of 2008

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inquiry from the registration authority, Rewari it was revealed that Harender and his brothers Daya Nand, Sunil etc., had induced her father and committed a cheating and fraud with him. Her father was not mentally sound and was residing with Harender and his brothers. These persons by manipulating some witnesses of the other villages and in collusion with some officials of the registering office got registered the aforesaid saledeeds on 9.2.2007 fraudulently and without paying even single penny to her father. When she inquired from the registering authority regarding the RC of tractor, it came out that Harender son of Ghisa Ram in collusion with his brother has shown his name as Harender son of Ram Sarup resident of Ladhuwas and thus fradulently got transferred the said RC in his name. Obviously, the facts reveal that the custodial interrogation of the petitioner is required. That being so, prima-facie, no case is made out for grant of anticipatory bail in favour of the petitioner. Consequently, this petition is dismissed.

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February 13, 2009 ( HARBANS LAL ) renu JUDGE

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Whether to be referred to the Reporter? Yes/No

Harender v. State of Haryana

Case brief

What is this about?

What did the court decide?

Harender v. State of Haryana

Case brief

What is this about?

What did the court decide?

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