Punjab-Haryana High Court
Nitin Tiwari vs State Of Haryana on 24 July, 2020
Author: Raj Mohan Singh
Bench: Raj Mohan Singh
205
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M No. 17827 of 2020 (O&M)
Date of Decision: 24.07.2020
Nitin Tiwari
-Petitioner
Vs
State of Haryana
-Respondent
CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH
Present: Mr. Sachin Mittal, Advocate,
for the petitioner.
Mr. Vishal Malik, D.A.G., Haryana.
****
RAJ MOHAN SINGH, J. (ORAL)
This petition has been filed under Section 439 Cr.P.C. for grant of regular bail in case bearing FIR No.12 dated 23.1.2020 under Sections 419, 420, 467, 468, 471 and 120-B IPC registered at Police Station Sushant Lok, Gurugram.
The allegations are that one Anoop Singh Dhankar was owner of plot No. 2165, Block-C, Sushant Lok-I, Gurugram on the basis of sale deed dated 7.4.1993. He has transferred the said plot in favour of his wife Anurita Dhankar vide transfer deed dated 19.8.2014. On the basis of said transfer, wife of the complainant became absolute owner of the plot in question. On 19.1.2020, the complainant received a call that one Vibha had put the said plot on sale on the basis of some forged sale deed dated 7.1.2020. In the aforesaid forged sale deed, some 1 of 3 ::: Downloaded on - 27-09-2020 08:52:41 ::: CRM-M No. 17827 of 2020 (O&M) -2- persons impersonated the complainant Anoop Singh and thereafter, sold the plot to Vibha. The said sale deed was witnessed by Sanjay Kumar Malik and Subhash Chand Arora. Lucky Uppal is also one of the accused against whom the allegations are that he has forged stamp papers from Tehsil and those stamp papers have been used in preparation of forged sale deed dated 7.1.2020.
The allegations against the petitioner are that he allegedly prepared forged driving licence and Adhar Card of the complainant, which were used for impersonating the complainant by Dharam Singh. Co-accused Subhash Chand Arora and Lucky Uppal have been granted regular bail by this Court on 9.6.2020. Petitioner is in custody since 28.2.2020.
Learned State counsel, on the other hand, opposed the prayer on the ground that the petitioner has prepared forged driving licence and Adhar Card of the complainant and those documents have been used in preparation of forged sale deed dated 7.1.2020 in favour of Vibha, who had played active role in commission of the aforesaid crime. Challan has been presented, but the charges have not been framed so far. Offence is triable by the Magistrate.
Taking into consideration the totality of facts and circumstances of the case and also in view of pandemic Covid-
2 of 3 ::: Downloaded on - 27-09-2020 08:52:41 ::: CRM-M No. 17827 of 2020 (O&M) -3- 19, I deem it appropriate to enlarge the petitioner on regular bail.
Accordingly, the present petition is allowed. Petitioner is ordered to be released on bail, subject to his furnishing adequate bail bonds/surety bonds to the satisfaction of trial Court/concerned Duty Magistrate.
Nothing expressed hereinabove would be construed to be an opinion on the merits of the case. 24.07.2020 (RAJ MOHAN SINGH) anita JUDGE
1. Whether speaking/reasoned : Yes/No
2. Whether reportable : Yes/No 3 of 3 ::: Downloaded on - 27-09-2020 08:52:41 :::