Extracted from the PDF above. The PDF is authoritative.
CRM-M-38095-2025 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 106 CRM-M-38095-2025
Date of decision: 21.07.2025 NIRMALA ...Petitioner VERSUS STATE OF HARYANA ...Respondent
CORAM : HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Gautam Dutt, Advocate and Ms. Prachi Gupta, Advocate for the petitioner. Mr. Sushil Bhardwaj, Addl. AG, Haryana. Mr. Aditya Vermani, Advocate for the complainant. **** SANDEEP MOUDGIL
, J.(ORAL)
1. Prayer This petition has been filed under Section 482 BNSS, 2023 for grant of anticipatory bail to the petitioner in case FIR No.332 dated 09.09.2024 under Sections 420, 467, 468, 471. 120-B of IPC, registered at Police Station Shivaji Nagar, District Gurugram.
2.
Contentions On behalf of the petitioner
Learned counsel for the petitioner contends that the award dated 30.03.2010 which is alleged to have been obtained by fraud, is actually a concoction of the complainant alone since in the said award, the complainant accepted the sale deed and put his signatures on the NISHA 2025.07.22 12:15 I attest to the accuracy and integrity of this document
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compromise deed. Moreover, neither the petitioner is the signatory nor beneficiary of the alleged forged GPA in question.
Learned counsel for the petitioner undertakes that the petitioner is ready and willing to join the investigation and cooperate with the investigating officer. Notice of motion. On behalf of the State Mr. Sushil Bhardwaj, Addl. AG, Haryana appearing on advance notice on instructions from Investigating officer vehemently opposes the prayer for grant of concession of anticipatory bail and seeks dismissal of the instant petition urging that petitioner along with other co- accused have forged the GPA in question therefore does not deserve the concession of anticipatory bail.
3.
Analysis Be that as it may, after given a thoughtful consideration to the submissions as made, by the counsel for both the parties it is found that taking into consideration the allegations, the case is to be investigated thoroughly on the basis of documentary evidence which is part of the Civil Court as well. Mr. Gautam Dutt, on instructions from the petitioner-Nirmala would undertake that the documents in question including the original copies would be handed over to the investigating officer, if any, at the time of joining the investigation. A perusal of the record in hand brings light to the fact that there is alleged delay of more than 20 years in registering the FIR which would be a question to adjudicate, though prima facie it seems that the GPA was executed NISHA 2025.07.22 12:15 I attest to the accuracy and integrity of this document
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in the year 2004 along with an agreement to sale in the office of Sub-Registrar, Gwalior, Madhya Pradesh for the plot in question which was acquired vide sale deed No.4251 dated 06.06.1995 and the undertaking given on behalf of the petitioner vide para 20 of the petition that he will abide by the terms and conditions that this Court may impose upon him while granting the concession of anticipatory bail. Hence, this Court finds no reason to deny the petitioner the concession of anticipatory bail, wherein the petitioner has bona fide intentions and is willing to join the investigation and cooperate for furtherance of the same so that the final report can be submitted by the Investigating Agency within the stipulated time period.
4. Relief Hence, in view of the admitted set of circumstances before this Court, the petitioner is hereby directed to be released on anticipatory bail subject to her joining investigation and reporting to the Investigating Officer concerned within a period of one week from today, on furnishing of personal/surety bonds to the satisfaction of Arresting/Investigating Officer. The petitioner shall also abide by the terms and conditions as envisaged under Section 482(2) of BNSS of which are reproduced below :- ‘When the High Court or the Court of Session makes a direction under sub- section (1), it may include such conditions in such directions in the light of the
facts of the particular case, as it may think fit, including- (i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) a condition that the person shall not leave India without the previous permission of the Court; NISHA 2025.07.22 12:15 I attest to the accuracy and integrity of this document
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(iv) such other condition as may be imposed under sub-section (3) of section 480, as if the bail were granted under that section.’ However, it is made clear that in case the petitioner does not comply with the aforesaid direction of joining the investigation within one week, the order passed by this Court today shall automatically stand cancelled. The petition in the aforesaid terms stand allowed.
(SANDEEP MOUDGIL) JUDGE 21.07.2025
Nisha Yadav
Whether reasoned/speaking? Yes/No Whether reportable? Yes/No NISHA 2025.07.22 12:15 I attest to the accuracy and integrity of this document