The High Court dismissed the petition seeking anticipatory bail under Section 438 CrPC in a cheating and forgery case. The judge held that the facts do not show parity among accused and custodial interrogation is required to unearth the conspiracy, thus no case for bail is made out.
Petition for anticipatory bail dismissed. No relief granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRM No.M-10588 of 2012 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM No.M-10588 of 2012 (O&M)
Date of decision : 02.08.2012
Vanita Virk
...Petitioner
Versus
State of Haryana
...Respondent
CORAM: HON'BLE MR. JUSTICE JITENDRA CHAUHAN
Present: Mr. Rajiev Singh, Advocate for the petitioner.
Mr. S.K. Hooda, Addl.A.G., Haryana.
Mr. Kuldeep Tiwari, Advocate, for the complainant.
JITENDRA CHAUHAN, J. (Oral)
The present petition has been filed under Section 438 of the Code of Criminal Procedure, for grant of anticipatory bail to the petitioners in case FIR No.08 dated 23.01.2012, registered under Sections 420, 467, 468, 471, 120-B of the Indian Penal Code, (for short, 'the IPC') at Police Station Ismailabad, District Kurukshetra.
The learned counsel for the petitioner contends that the petitioner has been falsely implicated. The petitioner is not cited as a witness in the above said agreement. No forged or fabricated document
CRM No.M-10588 of 2012 -2-
has been prepared by the petitioner. She is living with her three minor children. The co-accused, Jawaharlal Chawla and Sachin Chawla, deed writer and typist, have been granted bail. The co-accused, Narinder Sharma, has been granted interim bail by Hon'ble the Supreme Court.
On the other hand, the learned counsel for the State submits that the petitioner is not at parity with other accused. The petitioner played an active role in hatching the conspiracy against her month-inlaw, the complainant. The complainant, who is a retiree and a cancer patient, in order to accord social security to the petitioner, transferred one Kothi in her name. Within a week thereafter, the said house was transferred in the name of the mother-in-law of co-accused, Amit Sharma @ Narender Sharma. The mother-in-law of the accused Narinder Sharma has sworn an affidavit to the effect that the Kothi was transferred in her name by Vanita Virk without her knowledge and consent and she did not have the resources to purchase the said property. As regards the transaction of 10 acres of agricultural land, an agreement to sell was prepared in collusion with each other on the blank papers allegedly signed by the complainant at the instance of petitioner, who is allegedly having illicit relations with the accusedNarinder Sharma. In the agreement, 16,00,000/- were shown to be paid. On the next date, 10,00,000/- were shown to be paid through a forged receipt. It is alleged that the petitioner along with other co-
CRM No.M-10588 of 2012 -3-
accused hatched a criminal conspiracy and cheated her.
Heard.
The bail application of Narinder Sharma was rejected by this Court on 20.03.2011. Thereafter, said Narinder Sharma approached the Hon'ble Supreme Court and was granted interim bail. However, the role of all the accused is distinct. The dispute pertains to forging of documents and the receipts to deprive a senior citizen, who is suffering from cancer, from her property. Therefore, no case for grant of relief sought is made out. Custodial interrogation of the petitioner is required in this case to unearth the conspiracy.
Dismissed.
02.08.2012
atulsethi
(JITENDRA CHAUHAN) JUDGE
Note : Whether to be referred to reporter ? Yes / No
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner accused of forging documents and conspiracy against a senior citizen.
Whether the facts alleged in the FIR disclose a prima facie case justifying custodial interrogation.
Whether the petitioner is at parity with other co-accused who have been granted bail.
1 provisions across 1 enactments
Vanita Virk
State of Haryana
Jitendra Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
