The High Court granted regular bail to the petitioner in a property dispute case, releasing him upon furnishing bail bonds with sureties, noting the complainant remains in possession and rights are unprejudiced.
Release of the petitioner on bail subject to furnishing bonds with two sureties to the satisfaction of the trial court.
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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH.
Cr.Misc. M 33635 of 2014 Date of decision:- 23.2.2015
Mohd. Aarif
Petitioner
vs.
State of Haryana
Respondent
Present: Mr. GS Jagpal, Advocate Mr. MS Sidhu, Addl.A.G> Hry
M.M.S.BEDI,J.
The petitioner seeks the concession of regular bail in a case registered at the instance of Ms. Cecillia Kamini alleging that she is occupant of property No. Q 4/14, DLF Phase II, Gurgaon, which is yet to be transferred from the previous owner. On 19.12.2012 she came to learn that the house had been transferred in the name of Babu Ram by Santosh, Anil Chawla and Babu Ram along with other persons. The petitioner is alleged to have entered into conspiracy with other co-accused. The petitioner is one of the attesting witness of General Power of Attorney, which was used to execute the sale deed. The allegations against the petitioner are serious but taking into consideration the fact that challan has already been presented and he has been in custody since 7.11.2013; the complainant being still in possession of the property; her rights having not yet been prejudiced as the property has not been transferred in the name of a third person, the petitioner can be granted the concession of bail.
Since the petitioner is a resident of UP, the petition is allowed and it is ordered that he would be released on bail to the satisfaction of the trial court subject to his furnishing bail bonds with two sound sureties to the satisfaction of the trial court.
February 23 , 2015 ( M.M.S.BEDI ) TSM JUDGE
TAPINDER SINGH MANN 2015.02.24 16:25 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether the petitioner should be granted regular bail considering he has been in custody and the complainant retains possession of the property without prejudice to her rights.
Mohd. Aarif
State of Haryana
M.M. S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
