Punjab-Haryana High Court
Gajender Singh Raghav vs State Of Haryana on 19 July, 2019
Author: Gurvinder Singh Gill
Bench: Gurvinder Singh Gill
In the High Court for the States of Punjab and Haryana
At Chandigarh
CRM-M-9519-2019 (O&M)
Date of Decision:-19.7.2019
Gajender Singh Raghav ... Petitioner
Versus
State of Haryana ... Respondent
CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL
Present:- Mr. Aman Pal, Advocate for the petitioner.
Ms. Aditi Girdhar, Assistant Advocate General, Haryana.
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GURVINDER SINGH GILL, J.(Oral)
The petitioner-Gajender Singh Raghav seeks grant of anticipatory bail in a case registered against him vide FIR No. 203 dated 4.5.2018 registered at Police Station Badshahpur, Gurugram under Sections 120-B, 419, 420, 467, 468 and 471 of Indian Penal Code, 1860, wherein offence under Section 476 IPC was added later on.
The allegations, in nutshell, are that the petitioner Gajender Singh Raghav by representing himself to be a Director of 'M/s R.K. Enterprises' had sold off land vide sale-deed No.3466 dated 27.10.2016 on the basis of a false and frivolous resolution dated 5.8.2016 which had been fabricated in collusion with one Mr. S.N. Chadha. As per the said sale-deed, 1 of 3 ::: Downloaded on - 26-08-2019 03:03:42 ::: (2) CRM-M-9519-2019 (O&M) the land in question had been sold to Bahadur Singh and Rakesh Kumar. The sale-deed had allegedly been executed in collusion with the witnesses Laxman Singh and Kuldip Singh. It is further alleged that another piece of land belonging to the company was also sold off by Gajender Singh (petitioner) on the strength of a false and bogus resolution dated 17.7.2016, vide sale-deed No.1815 dated 22.7.2016 to one Smt. Pushpa. Other instance of bogus sale-deeds dated 2.9.2014, 6.6.2014 and 9.7.2014 have also been mentioned in the FIR.
The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in the present case and that there is no evidence worth credence to connect the petitioner with the sale-deeds in question.
On the other hand, the learned State counsel has submitted that the complicity of the petitioner is borne out from the fact that the alleged transactions had been executed while showing sale consideration in crores, but there is no evidence to show passing of any consideration. It has, however, been informed that the petitioner has been in custody since the last more than one year and that challan has already been presented.
I have considered rival submissions addressed before this Court.
Bearing in mind the fact that the petitioner has been behind bars since the last more than one year and that the case is mainly based on documentary evidence, further detention of the petitioner would not serve any useful purpose. The petition, as such, is accepted and the petitioner Gajender Singh Raghav is ordered to be released on bail subject to his 2 of 3 ::: Downloaded on - 26-08-2019 03:03:42 ::: (3) CRM-M-9519-2019 (O&M) furnishing bail bonds/surety bonds to the satisfaction of trial Court/Chief Judicial Magistrate/Duty Magistrate concerned.
The petition stands accepted accordingly.
19.7.2019 (Gurvinder Singh Gill)
pankaj Judge
Whether speaking /reasoned Yes / No
Whether Reportable Yes / No
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