Allowed

Gurbachan Singh v. State of Haryana

Punjab & Haryana HC3 Aug 2011CRM-M/12420/2011

Case brief

AI extract

What is this about?

The Supreme Court disposed of two criminal miscellaneous petitions seeking anticipatory bail. After evaluating the fairness of the petitioners' stance versus the complainant's harsh position regarding land ownership, the Court granted bail, directing appearance before the Investigating Officer and release on bail if arrested, subject to statutory conditions.

What did the court decide?

Anticipatory bail granted; petitioners to appear before the Investigating Officer and be released on bail on arrest subject to conditions under Section 438(2) Cr.P.C.

Gurbachan Singh Vs State of Haryana — Cheating and Forgery | Punjab & Haryana HC (2011)

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Crl. Misc No. M 12420 OF 2011

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Gurbachan Singh vs State of Haryana

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Crl. Misc No. M 12421 of 2011

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Present : Mr. R.S.Mamli, Advocate for the petitioners.

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Ms. Preeti Chaudhary, AAG Haryana

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Mr. G.S.Sandhu, Advocate for the complainant.

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This order shall dispose of Crl. Misc. No. M 12420 and 12421 of 2011, as both these petitions arise from the same FIR.

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The petitioners seek grant of anticipatory bail in case FIR No.14, dated 5.1.2011, registered under Sections 406, 420, 467, 468, 471, 120-B, 506, 34 of the IPC, at Police Station Civil Lines, Karnal.

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On 18.5.2011, the following order was passed in Crl. Misc No.

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M 12420 of 2011 :-

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“ This is a petition for anticipatory bail in case bearing FIR No. 14 dated 05.1.2011 under Sections 406, 420, 467, 468, 471, 120-B, 506/34 IPC registered at Police Station Civil Lines, Karnal.

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The allegation was that the petitioner had entered into an agreement to sell 12 Kanals of land and had received ` 15 lacs in cash. However, before the due date the petitioner sold 10 kanals of land and transferred the remaining 2 kanals in favour of his son. On the date when notice of motion was issued, the following contention was noticed:-

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`Learned counsel states that even if allegations in the complaint are taken to be absolutely correct still the petitioner has two acres of land in his name and, therefore, the present complaint would not lie and the complainant can well agitate his right in the civil court.'

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Crl.Misc No. M 12420 of 2011

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: 2 :

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Thereafter on 13.05.2011 the following order was passed:-

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`Learned counsel for the complainants states that as per the information of the complainants there is no land which is left in the ownership of the petitioner. Learned counsel for the petitioner states that he has Jamabandies of the land and a copy of the same has been supplied to learned counsel for the complainant, who prays for a short adjournment to verify the correctness thereof.

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Adjourned to 18.05.2011.'

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Today learned counsel for the complainant has accepted the fact that 15 Kanals and 19 Marlas of land still remain in the name of the petitioner. Learned counsel for the petitioner has stated that petitioner will not create a right, title or interest in this land and he has no objection if this land is attached. Further that in case the complainant is able to establish the correctness of the agreement to sell, the petitioner will transfer 12 kanals of land out of this land in favour of the complainant without taking the plea that the agreement was for specific khasra numbers. He further states that the petitioner shall execute an affidavit to this effect which may be handed over to learned counsel for the complainant for being used at an appropriate stage. He has, however, stated that in lieu of this the complainant should cooperate with the petitioner in getting this FIR quashed. Learned counsel for the complainant seeks a short adjournment to get instructions.

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Adjourned to 24.05.2011.

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In the meantime arrest of the petitioner shall remain stayed.”

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On the last date, counsel for the complainant had rejected the

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above proposal. I find that the stand taken by the petitioners was fair, while the stand taken by the complainant is harsh. In the circumstances, I deem it appropriate to grant anticipatory bail to the petitioners. Consequently, the petitioners are directed to appear before the Investigating Officer on 11.8.2011 between 11 am to 4 pm, and on any other day on which the Investigating Officer requires their presence, and in the event of their arrest, they shall be released on anticipatory bail by the Investigating Officer to his satisfaction subject to the conditions laid down in Section 438(2) of the

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Crl.Misc No. M 12420 of 2011

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: 3 :

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Cr.P.C.

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Petitions stand disposed of.

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( AJAY TEWARI ) August 03, 2011. JUDGE `kk'

Gurbachan Singh v. State of Haryana

Case brief

What is this about?

What did the court decide?

Gurbachan Singh v. State of Haryana

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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