Punjab-Haryana High Court
Raj Kumar vs State Of Haryana on 16 March, 2023
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 208 CRM-M-12063-2023 Date of Decision: 16.03.2023 Raj Kumar ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL Present: M/s R.K. Handa, Dharam Bir Bhargav, Gauri Handa & Ajay Partap Singh, Advocates, for the petitioner. Ms. Geeta Sharma, DAG, Haryana. GURVINDER SINGH GILL, J. (Oral)
1. The petitioner seeks grant of regular bail in respect of a case registered against him vide FIR No.266 dated 23.06.2022 under Sections 420, 467, 468, 471, 120-B IPC; Section 66 (C) of Information Technology Act and and under Sections 7 & 8 of Prevention of Corruption Act at Police Station Sector 7, Panchkula, District Panchkula.
2. The FIR in question was lodged at the instance of Priyam Bhardwaj, District Town Planner, Panchkula, wherein it has been alleged that before any sale deed is registered in the urban areas of Panchkula, the seller is required to get NOC issued from the Office of District Town Planner, Panchkula for which three documents are required i.e. a copy of the title deed, a draft of the sale deed and a copy of the Aadhar card and upon receipt of such documents necessary reports are made by the concerned SES ee amen Punjab & Haryana Hi Chandigarh CRM-M-12063-2023 -2- officials and upon scrutiny of the same, recommendation for approval or rejection is made. Thereafter, the NOC is uploaded and sent to the concerned Sub Registrar on the portal. The complainant alleged that it came to notice that several NOCs had been issued on the basis of forged documents and that even his signatures had been forged upon the same and that the NOCs had been issued without verification of the documents and without making any site visit and as a matter of fact several NOCs have been issued within a spate of 10-30 minutes, whereas normally the process would take 2-3 weeks. It is further the case of prosecution that upon inquiry it was found that official e-mail ID of the complainant had been fraudulently used by one Udesh Pal, Data Entry Operator (on contract basis) and that the same had been used after office hours from the personal lap-top and mobile of said Udesh Pal. It is further alleged that Raj Kumar, Clerk in the office of DTP, Panchkula had been conniving with Udesh Pal for the purpose of issuing NOCs on the basis of forged documents and without conducting the necessary verification.
3. Learned counsel for the petitioner has submitted that he has falsely been implicated in the present case and he had no access to the portal, which was being operated by co-accused i.e. Udesh Pal, Data Entry Operator. Learned counsel has further submitted that since investigation already stands concluded, his further detention is not required for any purpose.
4. Opposing the petition, learned State counsel has submitted that since it is the case where it was found that as many as 19 NOCs had been issued within a period of less than 30 minutes, it is apparent that the same had been issued simply on the basis of false and fabricated documents, as it LAVISHA 2023.03.16 18:06 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, Chandigarh CRM-M-12063-2023 -3- would normally take more than a week for issuance of NOC. Learned State counsel has, however, informed that the petitioner as on date has been behind bars since the last about 4 months and that he is not involved in any other case. It has also been informed that challan already stands presented and as many as 44 PWs have been cited and that charges are yet to be framed.
5. This Court has considered rival submissions.
6. Though there are specific allegations leveled against the petitioner, but this Court finds that the petitioner has been behind bars for a substantial period of about 4 months. The trial has not even commenced till date and as many as 44 PWs have been cited. As such, conclusion of trial is likely to consume time. In these circumstances, the petitioner cannot be detained behind bars for an indefinite period. The petition, as such, is accepted and the petitioner is ordered to be released on regular bail on his furnishing bail bonds/surety bonds to the satisfaction of learned trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.
16.03.2023 (GURVINDER SINGH GILL) lavisha JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No LAVISHA 2023.03.16 18:06 I attest to the accuracy and authenticity of this order/judgment Punjab & Haryana High Court, Chandigarh