Single Judge oral order granting full anticipatory bail to Vipan Bhandari, accused of corruption in land mutation and forgery, on condition of joining investigation despite claims of acquittal based on tenure dates.
Petition allowed; interim bail order dated 07.12.2023 made absolute subject to joining investigation and complying with under-taking.
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-M-61480-2023
2023:PHHC:162985
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
223 CRM-M-61480-2023 Date of Decision: 19.12.2023 Vipan Bhandari ......... Pe��oner Versus
State of Punjab ......... Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:Mr. Rahul Sharma-I, Advocate for the pe��oner.
Mr. Ravinder Singh, A.A.G., Punjab.
ANOOP CHITKARA, J. (ORAL)
| FIR No. | Dated | Police Sta1on | Sec1ons |
|---|---|---|---|
| 29 | 23.08.2023 | Vigilance Bureau, | 409, 465, 467, 468, 471, 120- |
| Pa�ala | B IPC and 13(1), (a) , 13(2) of | ||
| Preven�on of Corrup�on Act, | |||
| 1988 as amended by | |||
| (Amendment)Act,2018 |
before this Court seeking an�cipatory bail by filing the present pe��on on 05.12.2023 under Sec�on 438 Cr.PC.
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2. It is submi�ed that the brief facts of case/FIR No. 29 dated 23.08.2023 u/s 409, 465, 467, 468, 120-B IPC and 13(1) (a), 13 (2) of Preven+on of corrup+on Act 1988 as amended by (Amendment) Act 2018 Police Sta+on, Vigilance Bureau, Pa+ala, District Pa+ala are that, it is registered upon enquiry of complaint No. 38/2022 Sangrur, and during the enquiry it has been found that there was land measuring 14 Kanals, 11 Marias in Village Khanauri Kalan was in the name of Sudershan son of Ganpat Rai son of Balki Ram, resident of Delhi. Sudershan had gone away from Khanauri Kalan a long +me ago and had started living in Delhi along with his family. Over the land, which was in the name of Sudershan, many persons started living by construc+ng houses thereon. The land in the name of Sudershan was bearing Khewat Khatauni Number 46/150, Khasra Number 34//6. Out of this, land measuring 2 Kanals, 12 Marlas was acquired for widening the Ghaggar River and vide Muta+on Number 7714 dated 23.04.2012 this area was transferred in the name of Government of Punjab. The balance land measuring 11 Kanals, 19 Marlas remained in the name of Sudershan. On 13.05.18, Balkar Singh, Revenue Patwari, Area (Halqa'): Khaneri Kalan, has entered in the Daily Diary Report Number 470 that, "Today, Deepak Raj, Son of Chaman Lal, Son of Ganpat Rai, resident of Khaneri Kalan, came present and submi�ed the Death Cer+ficate of Sudershan, Son of Ganpat Rai, Son of Balki Ram dated 11.09.1989 and further submi�ed the Unregistered Will dated 01.08.1989. Accordingly, the muta+on of inheritance, as per the Will, was entered in the name of Deepak Raj, Son of Chaman Lal, son of Ganpat Rai. On the basis of this Report, Balkar Singh, Patwari, as per Muta+on Number 11067 entered this land measuring 14 Kanals, 11 Marlas in favour of Deepak Raj, Son of Chaman Lal son of Ganpat Rai. While making entry of this Muta+on, Balkar Singh, Patwari has affixed his signatures there to with the date 13.05.18. The same has been validated by Darshan Singh, Field Kanungo, who has put the date as 14.05.2018 under his signatures. This Muta+on has been sanc+oned by Vipan Bhandari, Tehsildar, Moonak on 16.05.2018. AFer obtaining the Parht Sarkaar' of the afore-stated Muta+on along with the documents a�ached therewith, it has been found that there is a photostat copy of the Unregistered Will. On this photocopy of the Unregistered Will, the name of Deed Writer has been men+oned as Baljeet Singh, Son of Iqbal Singh and his signatures are there. As witnesses, there is the thumb impression of Nirmal Singh and the signatures of RaG Ram, Nambardar. Balkar Singh, Patwari has not entered the Muta+on number 11057 on 13.05.18. Instead aFer entering the same on some other date, the date, i.e. 13.05.18, has been entered in an incorrect manner because prior to this muta+on, on-line muta+ons bearing numbers 11060, 11062 have been entered on 14.05.2018 and muta+on number 11066 has been entered on 15.05.18. The Muta+on Number 11067 entered thereaFer, could not have been entered on 13.05.18. For proving the correctness of Muta+on Number 11067 dated 13.05.18, Balkar Singh, Patwari, made cuGngs
JYOTI 2023.12.19 13:54 I attest to the accuracy and integrity of this order/judgment.
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in the 'Parht Sarkaar' and the dates of the previously entered muta+ons bearing numbers 11060 to 11066 were altered as 12.05.18. Darshan Singh, Kanungo validated the Muta+ons Numbers 11060 to 11066 on 30.05.2018 and the valida+on of Muta+on Number was also done on 30.05.2018 only. However, only on Muta+on Number 11067, the date of valida+on has been given as 14.05.2018 by Darshan Singh, Kanungo. Darshan Singh, Kanungo has also validated the Muta+on Number 11067 wrongly because the ownership of Sudershan Kumar was of the land measuring 11 Kanals, 19 Marias, because out of his total area, land measuring 2 Kanals, 12 Marlas had already been transferred in the name of Government of Punjab. But Balkar Singh, Patwari entered the Muta+on of incorrect area and Darshan Singh, Kanungo also, while valida+ng this Muta+on, did not correct the same. Vipan Bhandari, Tehsildar also sanc+oned the Muta+on for land measuring 14 Kanab 11 Marlas. In this way, the land under the ownership of Government of Punjab was also transferred in the name of Deepak Raj. On the basis of sanc+on of the Muta+on Number 11067, Deepak Raj aforemen+oned sold the land of Sudershan, Son of Ganpat Rai, to different persons. Whenever the Muta+ons are entered by the Patwari, the same are entered online in the computerized record. These Muta+ons are entered in the soFware only aFer biometric login by the Halqa' Patwari. On checking the record with regard to the entry of Muta+on Number 11067 online, it has found that this Muta+on was entered on 22.11.2018 and its valida+on was done by the Field Kanungo on 31.12.2018 and the decision of this Muta+on was made by the Circle Revenue officer on 02.01.2019. In the muta+on afore-stated entered online, the area is men+oned as 11 Kanals, 18 Marlas which is correct. But in the 'Parht Sarkaar' and 'Parht Patwaar' the area has been men+oned as 14 Kanals, 11 Marias. From this it becomes clear that the 'Parht Sarkaar' and 'Parht Patwaar' of the Muta+on are not the copies of the Muta+on entered online. Instead, these have been prepared later on. On perusal of 'Parht Sarkaar' and 'Parht Patwaar' it can be seen that their prin+ng does not match with each other. In the 'Fards' of the lands of above men+oned Sudershan it has been stated that muta+on number 11067 was entered on 22.11.2018. From this it is dear that this muta+on was entered by the Patwari on 22.11.2018. However, the Patwari in collusion with Field Kanungo, Darshan Singh, and Vipan Bhandari, Tehsildar, Moonak, the afore-stated muta+on has been wrongly sanc+oned by entering old dates in the 'Parht Sarkaar' and 'Parht Patwaar' Had this Muta+on been entered at the correct +me then Balkar Singh would have given the charge of the said Muta+on on his transfer on 20.09.2019. However, Balkar Singh, Patwari did not give the charge of Muta+on Number 11067 aFer his transfer was done on 20.09.2019 and it is only aFer a long +me on 07.09.2021 that Patwari Sukhjinder Singh of the revenue area Banarsi was handed over the 'Parht Patwaar' of Muta+on Number 11067. The 'Parht Sarkaar' of the afore-men+oned Muta+on was also not deposited in
JYOTI 2023.12.19 13:54 I attest to the accuracy and integrity of this order/judgment.
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the Office of Kanungo, Moonak +ll 07.07.2022, From the documents a�ached with the 'Parht Sarkaar' of Muta+on Number 11067, it has been found that a joint statement of Nirmal Singh son of Jarnail Singh and Nambardar Ra+ Ram, resident of Khaneri Kalan, has been a�ached therewith. In this statement it has been stated that Sudershan alias Sukharshan Lal, resident of Delhi, has got wri�en an Unregistered Will from Baljeet Singh son of Iqbal Singh on 01.09.1989. In the statement of Baljeet Singh, Son of Iqbal Singh, resident of Khaneri Kalan, it has been men+oned that he had scribed the Will of Sudershan on 01.08.1989. During enquiry, it has been found that there is no and there was never any Nambardar with the name of Ra+ Ram in Khaneri Kalan. It was also discovered that Nirmal Singh son of Jarnail Singh has died on 28.09.2018 and Baljeet Singh son of Iqbal Singh has on 27.04.2018. From the same, this fact is clear that for geGng the Muta+on sanc+oned, fake statements of Baljeet Singh, who had already died before entering the muta+on, and Su+ (Ra+) Ram, who is neither the Nambardar of Khaneri Kalan nor did he remain as Nambardar earlier, have been annexed. asides this, the joint statement of the sons, Sudhir, Surinder, Sunil and daughter, Sushma, of Sudarshan alias Sukhdarshan Lal son of Shri Ganpat Rai, residents of Delhi, Rightholder of Village Khaneri Kalan, Tehsil Moonak has been annexed (All these are the heirs of Sudershan, owner of the en+re land). In this statement, it has been men+oned that the Unregistered Will of their father was got scribed from Surinder Pal, son of Nand Lal in which it was wri�en that their father's en+re property, as per the said Unregistered Will, be transferred in the name of Deepak Raj son of Chaman Lal, resident of Khaneri Kalan; whereas in the statement of Nirmal Singh and Nambardar Ra+ Ram, it has been wri�en that the Unregistered Will of Sudershan was got scribed from Baljeet Singh, son of Iqabal Singh. In this way, the statements regarding the scribed of the Will are selfcontradictory. Sudhir Kwatra, resident of New Rajinder Nagar, New Delhi, son of Sudershan son of Ganpat Rai, resident of Delhi, has disclosed that he is neither having knowledge regarding Muta+on of his father's property at Khaneri Kalan in the name of any person nor any Tehsildar has called them in this regard and nor have they come to Khaneri or Moonak in this regard and nor have they got recorded any statement and nor have they given anything in wri+ng to anybody. If any of our statement regarding Muta+on has been wri�en and a�ached, the same is forged. From this it becomes clear that by the forged joint statement of Sudhir, Surinder, Sunil sons and Sushma daughter of Sudershan has been prepared and annexed with the Muta+on. Balkar Singh, Revenue Patwari, 'Halqa' Banarsi, Darshan Singh, Field Kanungo, Mandvi; Vipan Bhandari, Tehsildar, Moonak and Deepak Raj (who had since expired) son of Chaman Lal, resident of Khaneri Kalan, in collusion with each other, tampered with the record and have entered the Muta+on and by preparing the fake documents. The Muta+on was
JYOTI 2023.12.19 13:54 I attest to the accuracy and integrity of this order/judgment.
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sanc+oned and thereaFer, the land of Sudershan son of Ganpat Rai was sold to different persons.”
(ANOOP CHITKARA) JUDGE
19.12.2023/ Jyo+-II
| Whether speaking/reasoned | Yes/No |
|---|---|
| Whether Reportable | Yes/No |
JYOTI 2023.12.19 13:54 I attest to the accuracy and integrity of this order/judgment.
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2 issues framed by the court
Whether to allow anticipatory bail to a Tehsildar accused in corruption regarding land mutation.
Whether the allegations of collusion and forgery in the FIR warrant interim bail conditions.
3 provisions across 3 enactments
Vipan Bhandari
State of Punjab
Anoop Chitkara
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
