Petitioner sought anticipatory bail in a case involving alleged forgery of documents to transfer a vehicle after the owner's death. The Court rejected the claim, citing the gravity of offences and the petitioner's primary role in forging documents, and dismissed the petition.
Petition dismissed and interim order dated 16.02.2023 vacated.
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CRM-M-6588 of 2023 neutral citation No. 2023:PHHC:058357
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRM-M-6588 of 2023
Date of Decision: April 21, 2023
Deepak Mehra
......... Petitioner
Versus
State of Punjab & others ........ Respondents
CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA
-.-
Present: Mr. Viren Jain, Advocate for the petitioner.
Mr. Tarun Aggarwal, Sr. D.A.G. Punjab.
Mr. G.B.S. Dhillon, Advocate, for the complainant.
HARKESH MANUJA, J.
SANJAY GUPTA 2023.04.25 15:18
I attest to the accuracy and authenticity of this document
1
CRM-M-6588 of 2023 neutral citation No. 2023:PHHC:058357
12.01.2023 in CRM-M-197-2023. He further submits that in fact, the present is a dispute between the sisters pertaining to the succession of estate left by their deceased father, Which has been given a criminal color only to exert pressure on the co-accused / Anudeep Kaur and petitioner. Relying on Section 19 of the Sales of Goods Act, 1930, learned Counsel also submits that petitioner has not transferred this movable property in his name and rather he has merely got his name recorded before the registration authority whereas, there is much difference between the transfer of a registration certificate and the transfer of a vehicle. He also submits that the vehicle in question was in fact given by the father-in-law of the petitioner as gift at the time of marriage of his daughter i.e. wife of the petitioner and it has been in their continuous possession since then. Learned counsel points out that present is not a case of Section 420 IPC, it is at best a case of wrong succession, as such, there is no wrongful loss and wrongful gain to any of the parties and at best Section 465 IPC could be made out. He again submits that once Section 120-B IPC has been deleted, the State needs to explain as to how petitioner has been implicated in the aforementioned FIR.
& was presented before the authorities on 12.03.2021 i.e. much after the SANJAY GUPTA 2023.04.25 15:18 I attest to the accuracy and authenticity of this document 2
CRM-M-6588 of 2023 neutral citation No. 2023:PHHC:058357
death of Rajinder Singh and during enquiry, it came to the fore that documents were forged by the petitioner and he was instrumental in getting all the documents prepared and getting the vehicle transferred in his name.
petitioner prepared false transfer documents and requisite affidavits by SANJAY GUPTA 2023.04.25 15:18 I attest to the accuracy and authenticity of this document 3
CRM-M-6588 of 2023 neutral citation No. 2023:PHHC:058357
forging the signature of deceased so as to support his claim and authority towards the vehicle owned and left by the deceased with the purpose of cheating the complainant and depriving of her rights towards those vehicles (immovable). In addition to that, he is also the ultimate beneficiary of the transaction as the car has been transferred in his name alone. Reliance placed on Sales of Goods Act, 1930 also does not hold much substance as in view of the allegations, forgery was committed by executing documents on behalf of a dead person. It has been informed by the State Counsel that Section 120B IPC has not been deleted from the FIR, therefore, submission by the learned Counsel for the petitioner in this regard is incorrect. Thus, considering the manner in which the offence has been committed, a thorough investigation is required in the allegations levelled in the FIR and role played by the accused.
April 21, 2022 ( HARKESH MANUJA ) sanjay JUDGE
| Whether speaking/reasoned | Yes/No |
|---|---|
| Whether Reportable | Yes/No |
SANJAY GUPTA 2023.04.25 15:18
I attest to the accuracy and authenticity of this document
4
3 issues framed by the court
Whether the petitioner deserves the concession of pre-arrest anticipatory bail given the nature of offences involving forgery and the role attributed to him.
Whether the petitioner's submission that the case is merely a succession dispute and not cheating is sustainable.
Whether an interim order dated 16.02.2023 allowing bail must be vacated.
2 provisions across 2 enactments
Deepak Mehra
State of Punjab
Harkesh Manuja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
