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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (214) CRM-M-42802-2025 (O & M)
Reserved on:16.09.2025 Date of Pronouncement:22.09.2025 Mohd. Hanif @ Hanna …... Petitioner V/s State of Haryana ...Respondents
CORAM:
HON’BLE MR. JUSTICE JASJIT SINGH BEDI Present: Mr. R.S. Bains, Sr. Advocate, assisted by Mr. Anmoldeep Singh, Advocate, Mr. S.S. Cheema, Advocate, Mr. Mohammad Arshad, Advocate, Mr. Talim Hussain, Advocate and Mr. Khasi Mohd., Advocate, for the petitioner. Mr. Viney Phogat, DAG, Haryana. **** JASJIT SINGH BEDI,
J. (Oral)
The prayer in the present petition under Section 482 of BNSS, 2023 is for the grant of anticipatory bail to the petitioner in case FIR No.0018 dated 01.06.2025 under Sections 201, 318(2), 316(2), 61, 270, 329(3), 303 of BNS, 2023 (corresponding to Sections 167, 420, 409, 120B, 268, 447, 379 IPC, 1860) Section 21 of the Mines and Minerals (Development and Regulations) Act, 1957, Section 15(1) of Environment (Protection Act 1986, Section 19 of Punjab Land Preservation Act (PLPA) 1900) and Section 13 of the Prevention of Corruption Act, 1988 registered SUKHPREET KAUR 2025.09.22 05:46 I attest to the accuracy and integrity of this document chandigarh
at Police Station Anti Corruption Bureau, Gurugram, District Anti Corruption Bureau Haryana. 2. The present FIR came to be registered on the directions issued by Chief Secretary, Haryana and reads as under:- To The Officer In-charge, Anti-Corruption Bureau, Gurugram Range, Gurugram. Subject: Request for lodging of First Information Report (FIR). Respected Sir, The undersigned submits that in I.A. Nos. 269550, 269552, 269553 of 2025 in W.P. (C) No. 202 of 1995 titled as T.N. Godavarman Thirumulpad vs. Union of India and Others, the Hon'ble Supreme Court of India, while hearing the matter, directed on 19.03.2025 that the Central Empowered Committee (CEC), New Delhi (constituted by the Hon'ble Supreme Court of India) shall conduct an inquiry into the matter and submit its report within four weeks. Accordingly, the CEC submitted its report dated 15.04.2025 before the Hon'ble Supreme Court. The report contains a total of ten recommendations in paragraph 17, of which recommendation 17(iv) states that the State Vigilance Department, Haryana should conduct a joint investigation involving the Sarpanch, government officials, and mining mafia, regarding the construction of a road on forest department land falling within the limits of village Basai Meo, District Nuh, allegedly done in an unauthorized manner. The CEC recommended that the Government submit its report within 90 days. The report dated 15.04.2025 submitted by the Central Empowered Committee before the Hon'ble Supreme Court forms the basis of this request.
The relevant excerpt from the original report of the CEC is as follows:
SUKHPREET KAUR 2025.09.22 05:46 I attest to the accuracy and integrity of this document chandigarh
"It has been observed that an illegal road has been constructed in village Basai Meo of Distt. Nuh connecting Firozpur Jhirka to the adjoining hilly regions of the State of Rajasthan without the requisite approvals from the government authorities. The involvement of the local Sarpanch, Mr. Hanif alias Hannah, along with certain government officials and the mining mafia, has resulted in violations of various laws, including the relevant MoEFCC Notifications and the provisions of the Punjab Land Preservation Act (PLPA), 1900, by constructing the illegal road without consulting or seeking approval from the Forest Department. It has also been observed that the newly constructed road connects three villages bordering Rajasthan- Chhapra, Dhaulet, and Naget-with Village Basai (Firozpur Jhirka, Haryana). This road cuts through both forest land and cultivable agricultural land. The construction appears to have been initiated by the Sarpanch in collusion with certain government officials, allegedly driven by personal financial interests. Given the proximity to mining areas near the Rajasthan border, this road is being misused to facilitate illegal mining activities and the transportation of illegally mined minerals, enabling the accumulation of wealth for personal gain. This road not only breaches established laws but also infringes upon the rights of local farmers. Their cultivable agricultural land has been unlawfully grabbed without any prior consultation or compensation. The illegally constructed road is in blatant violation of the Ministry of Environment, Forest and Climate Change Notification dated 07.05.1992 and the Punjab Lana Preservation Act (PLPA), 1900. It was also constructed without obtaining the requisite clearance from the Forest Department. To facilitate the transport of illegally mined material, the aforesaid unauthorized road was constructed by damaging Forest Department plantations located in Village SUKHPREET KAUR 2025.09.22 05:46 I attest to the accuracy and integrity of this document chandigarh
Basai Meo, as well as through areas notified under the Punjab Land Preservation Aet (PLPA), 1900.
The road in question was built without any prior approval from the Forest Department and in violation of the Forest (Conservation) Act, 1980 It was recommended by the Central Empowered Committee in Para No. 17 (iv) that "The State Vigilance Department shall investigate allegations of collusion between the Sarpanch, government officials, and the mining mafia and submit a report to the Government within 90 days, under intimation to the CEC and the MOEFCC" On which order number CFMS No. of the office of Hon'ble Chief Secretary, Haryana Government. DA/CS/SPL 57 Dated 16-05-2025 As per the letter No. 9873/1- 2/0D(H) dated 28.05.2025 of the present Additional Director General of Corruption, Haryana Panchkula, orders have been given to prepare a written complaint and send it for approval for filing charges against the Sarpanch Gram Panchayat Basai Meva, Tehsil Ferozepur Jhirka, District Nuh Forest Department, Mining Department, Revenue Department, Consolidation Department and Government officers/employees and mining mafia. Apart from this, for filing charges against the Government officers/employees, orders have been given to prepare a written complaint and send it for approval. According to this, permission has been granted to Hanif @ Hanna, Sarpanch. Gram Panchayat Basai Meo, Tehsil Pharjapur Jarka, District Nuh, in connivance with the Government Officer/Employee of Forest Department, Mining Department, Revenue Department, Consolidation Department and mining mafia for illegally constructing a road on the land of Forest Department in the limits of village Basai Meo, District NUH.
Hanif @ Hanna, Sarpanch Gram Panchayat Basai Meo, Tehsil Pharjapur Jarka, District Nuh in connivance with the Government Officer/Employee of Forest Department, Mining SUKHPREET KAUR 2025.09.22 05:46 I attest to the accuracy and integrity of this document chandigarh
Department, Revenue Department, Consolidation Department and mining mafia and mining mafia is found to be involved in many such collusions under Section 201, 318(2), 316(2), 61, 270, 329(3), 303 of BNS, 2023 (r/w Section 420, 409, 120B, 268, 447, 379 IPC), Section 21 of The Mines and Minerals (Development and Regulation) Act, 1957, Section 15(1) of Environment (Protection) Act, 1986 and Section 19 of Punjab Land Preservation Act (PLPA), 1900. The draft written permission was sent to the Headquarters for seeking permission to file a case under Section ... The draft written permission was sent to the Headquarters for seeking permission to file a case under Section 270, 329(3), 303 of BNS, 2023. The draft written permission was sent to the Headquarters for seeking permission to file a case under Section 270, 329(3), 303 of the Mines and Minerals (Development and Regulation) Act, 1957, Section 15(1) of Environment (Protection) Act, 1986 and Section 19 of Punjab Land Preservation Act (PLPA), 1900. Hanah, Sarpanch Gram Panchayat Basai Meva, Tehsil Fazilpur Jharka District No., for filing charges against Government officer/employee of Forest Department, Mining Department, Revenue Department Consolidation Department and mining mafia and employee/officer of any other department as per the allegations, the complaint is being sent to EHC Finesh Kumar No. 1144/Hana of Rewari. The complaint should be filed and informed with the charge number. Special form of complaint should be sent to the area magistrate and higher officer through special carrier as per rules. Original complaint along with text of complaint should be sent to Shri Garv Faga, Deputy Police Officer, Guam for further investigation.
sd Ashok Kumar (Ashk Kumar, H.P.S.) Deputy Police Officer, Corruption Officer, Gum Medal Gum Date 01.06.2025 AT-2.30 I'M Ajana - On the basis of the complaint, a case has been registered in the above SUKHPREET KAUR 2025.09.22 05:46 I attest to the accuracy and integrity of this document chandigarh
mentioned area. The copy of the FIR has been prepared by CCTNS, which will be sent to the officers and area magistrates as per the rules. A copy of the FIR is being sent to the area magistrate in a personal form by e-mail. The copy of the case along with the original complaint is being sent to DSP Ashok Kumar for further investigation by EHC Dinesh Kumar No. 1144/ Rewari. 3. The learned Senior counsel for the petitioner contends that the petitioner who was the then Sarpanch of village Basai Meo has been falsely implicated in the present case. No fresh construction of the roads has been undertaken. There are long standing litigations both civil and criminal regarding these roads and passages since the last 10 to 15 years. Vide order dated 19.01.2024 (Annexure P-13 ) widening of the roads from 04 karams to 06 karams were ordered in terms of notification dated 10.01.2020 (Annexure P-8). This widening of roads took place in furtherance of consolidation proceedings implemented by the Gram Panchayat. In fact, the Forest/Mining department has obstructed some public thoroughfares causing hardships to villagers. The petitioner has been selectively targeted at the behest of the D.C. Nuh who has been castigated by the Hon’ble Supreme Court and to save his skin, this FIR has been registered. No criminal intent can be attributed to the petitioner and therefore, under Section 204 of the Haryana Panchayat Raj Act, 1994, no civil or criminal proceedings can be initiated against him. The allegations constitute a civil dispute at best. As he is ready and willing to join the investigation, he is entitled to the concession of anticipatory bail. SUKHPREET KAUR 2025.09.22 05:46 I attest to the accuracy and integrity of this document chandigarh
4.
The learned counsel for the State while referring to the reply filed by way of affidavit of Gaurav Fogat, HPS, Deputy Superintendent of Police, Anti-corruption Bureau, Gurugram dated 01.09.2025 contends that the investigation of the present case was conducted by an SIT head by an IPS Officer and comprising of officers of various Departments. An aerial survey was conducted and two illegal roads were found to be running through the land of agriculturists and that of the Forest Department in the Aravalli hills. These roads connect to the mining area of Rajasthan where mines and crushers are in operation. The expansion of the width of these illegal roads is to facilitate illegal mining. The land of 140 farmers/shareholders was deducted during the consolidation process for the construction of these illegal roads. Forest land has been found to have been encroached upon for the construction of these illegal roads. Forest offence reports dated 14.08.2024 and 28.08.2024 were also registered against the petitioner. The consolidation scheme has been deliberately conducted in an illegal manner. The two illegal roads have been widened from 04 karams to 06 karams. This construction and widening of the roads has been authorized by the petitioner being the then Sarpanch of village Basai Meo. The consolidation and illegal construction has been facilitated by various officers of other departments. Statements of multiple aggrieved persons have been recorded who have been opposing the constructions of the two illegal roads. The construction took place at the instance of the petitioner and mining contractors from Rajasthan. It has been found during investigation that multiple persons who own mining licenses in Rajasthan are connected to SUKHPREET KAUR 2025.09.22 05:46 I attest to the accuracy and integrity of this document chandigarh
village Basai Meo. One Sher Mohammad, a mining license holder has been arrested and has disclosed the name of the petitioner whom he (Sher Mohammad) has assisted in the construction of the road.
Sher Mohammad has referred to various vehicles used in the construction. The Consolidation Officer Ram Kumar and Jan Mohammad were arrested and during investigation have disclosed the name of the petitioner and others from whom they accepted illegal gratification. In fact, the petitioner-the then Sarpanch of Village Basai Meo spearheaded the campaign of collecting money from the persons involved in legal and illegal mining in Rajasthan and from the royalty contractors of the Rajasthan and after bribing the Consolidation Officer(s) got constructed and widened the two illegal roads. As the petitioner appears to be one of the master minds of the entire scheme and the investigation is on going, his custodial interrogation is certainly required to take the investigation to it’s logical conclusion. Even otherwise, as the FIR stands registered under the provisions of the Prevention of Corruption Act, anticipatory bail can be granted in rare situations where absolutely no offence whatsoever is made out or the FIR has been registered on frivolous allegations due to oblique political motive. Reliance is placed on the judgments in Devinder Kumar Bansal, 2025 SCC Online SC 488 and Kewal Singh Vs. State of Punjab, 2025(2) Law Herald 1736. He therefore contends that the petitioner is not entitled to the concession of anticipatory bail. 5. In have heard the learned counsel for the parties and gone through the record. SUKHPREET KAUR 2025.09.22 05:46 I attest to the accuracy and integrity of this document chandigarh
6. The Hon'ble Supreme Court in the case of ‘Sumitha Pradeep Vs. Arun Kumar C.K. & Anr. 2022(4) RCR (Criminal) 977’, has held that merely because custodial interrogation was not required by itself could not be a ground to grant anticipatory bail. The first and the foremost thing the Court hearing the anticipatory bail application is to consider is the prima facie case against the accused.
The relevant extract of the judgment is reproduced hereinbelow:-
“It may be true, as pointed out by learned counsel appearing for Respondent No.1, that charge-sheet has already been filed. It will be unfair to presume on our part that the Investigating Officer does not require Respondent No.1 for custodial interrogation for the purpose of further investigation. Be that as it may, even assuming it a case where Respondent No.1 is not required for custodial interrogation, we are satisfied that the High Court ought not to have granted discretionary relief of anticipatory bail. We are dealing with a matter wherein the original complainant (appellant herein) has come before this Court praying that the anticipatory bail granted by the High Court to the accused should be cancelled. To put it in other words, the complainant says that the High Court wrongly exercised its discretion while granting anticipatory bail to the accused in a very serious crime like POCSO and, therefore, the order passed by the High Court granting anticipatory bail to the accused should be quashed and set aside. In many anticipatory bail matters, we have noticed one common argument being canvassed that no custodial interrogation is required and, therefore, anticipatory bail may be granted. There appears to be a serious misconception of law that if no case for custodial SUKHPREET KAUR 2025.09.22 05:46 I attest to the accuracy and integrity of this document chandigarh
interrogation is made out by the prosecution, then that alone would be a good ground to grant anticipatory bail. Custodial interrogation can be one of the relevant aspects to be considered along with other grounds while deciding an application seeking anticipatory bail. There may be many cases in which the custodial interrogation of the accused may not be required, but that does not mean that the prima facie case against the accused should be ignored or overlooked and he should be granted anticipatory bail.
The first and foremost thing that the court hearing an anticipatory bail application should consider is the prima facie case put up against the accused. Thereafter, the nature of the offence should be looked into along with the severity of the punishment. Custodial interrogation can be one of the grounds to decline custodial interrogation. However, even if custodial interrogation is not required or necessitated, by itself, cannot be a ground to grant anticipatory bail.”
7. In Devinder Kumar Bansal (supra), the Hon’ble Supreme Court held as under:-
“21. The parameters for grant of anticipatory bail in a serious offence like corruption are required to be satisfied. Anticipatory bail can be granted only in exceptional circumstances where the Court is prima facie of the view that the applicant has been falsely enroped in the crime or the allegations are politically motivated or are frivolous. So far as the case at hand is concerned, it cannot be said that any exceptional circumstances have been made out by the petitioner accused for grant of anticipatory bail and there is no frivolity in the prosecution. SUKHPREET KAUR 2025.09.22 05:46 I attest to the accuracy and integrity of this document chandigarh
22. In the aforesaid context, we may refer to a pronouncement in Central Bureau of Investigation v. V. Vijay Sai Reddy reported in (2013) 7 Scale 15, wherein this Court expressed thus:
"28. While granting bail, the court has to keep in mind the nature of accusation, the nature of evidence in support thereof, the severity of the punishment which conviction will entail, the character of the accused, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interests of the public/State and other similar considerations.
It has also to be kept in mind that for the purpose of granting bail, the Legislature has used the words "reasonable grounds for believing" instead of
"the evidence" which means the Court dealing with the grant of bail can only satisfy it as to whether there is a genuine case against the accused and that the prosecution will be able to produce prima facie evidence in support of the charge. It is not expected, at this stage, to have the evidence establishing the guilt of the accused beyond reasonable doubt." (Emphasis supplied)
23. The presumption of innocence, by itself, cannot be the sole consideration for grant of anticipatory bail. The presumption of innocence is one of the considerations, which the court should keep in mind while considering the plea for anticipatory bail. The salutary rule is to balance the cause of the accused and the cause of public justice. Over solicitous homage to the accused's liberty can, sometimes, defeat the cause of public justice. SUKHPREET KAUR 2025.09.22 05:46 I attest to the accuracy and integrity of this document chandigarh
24. If liberty is to be denied to an accused to ensure corruption free society, then the courts should not hesitate in denying such liberty. Where overwhelming considerations in the nature aforesaid require denial of anticipatory bail, it has to be denied. It is altogether a different thing to say that once the investigation is over and charge-sheet is filed, the court may consider to grant regular bail to a public servant - accused of indulging in corruption. 25. Avarice is a common frailty of mankind and Robert Walpole's famous pronouncement that all men have their price, notwithstanding the unsavoury cynicism that it suggests, is not very far from truth. As far back as more than two centuries ago, it was Burke who cautioned: "Among a people generally corrupt, liberty cannot last long".
In more recent years, Romain Rolland lamented that France fell because there was corruption without indignation. Corruption has, in it, very dangerous potentialities. Corruption, a word of wide connotation has, in respect of almost all the spheres of our day to day life, all the world over, the limited meaning of allowing decisions and actions to be influenced not by the rights or wrongs of a case but by the prospects of monetary gains or other selfish considerations. 26. If even a fraction of what was the vox pupuli about the magnitude of corruption to be true, then it would not be far removed from the truth, that it is the rampant corruption indulged in with impunity by highly placed persons that has led to economic unrest in this country. If one is asked to name one sole factor that effectively arrested the progress of our society to prosperity, undeniably it is corruption. If the society in a developing country faces a menace greater than SUKHPREET KAUR 2025.09.22 05:46 I attest to the accuracy and integrity of this document chandigarh
even the one from the hired assassins to its law and order, then that is from the corrupt elements at the higher echelons of the Government and of the political parties.” (Emphasis supplied)
8. In Kewal Singh (supra), the Hon’ble Supreme Court held as under:-
“9. It is well settled law, and reaffirmed by the Hon'ble Supreme Court in Devinder Kumar Bansal v. State of Punjab, 2025 INSC 320 that anticipatory bail in cases involving offences under the Corruption Act is to be granted only in the rarest of rare circumstances. The court is required to be prima facie satisfied either of false implication, political vendetta, or manifest frivolity in the complaint. 10. In the present case, no such circumstances are made out. On the contrary, the specific allegations supported by preliminary material including the trap proceedings, indicate a prima facie involvement of the petitioner in the commission of the alleged offence. 11.
In view of the seriousness of the allegations, the position of trust held by the petitioner as a public servant, and the need for thorough investigation through custodial interrogation, this Court finds no ground to extend the extraordinary concession of the anticipatory bail to the petitioner.” (Emphasis supplied)
9. It would be apposite to refer to the report of the Central Empowered Committee. The relevant extract thereof is reproduced as under:- SUKHPREET KAUR 2025.09.22 05:46 I attest to the accuracy and integrity of this document chandigarh
CENTRAL EMPOWERED COMMITTEE REPORT OF THE CENTRAL EMPOWERED COMMITTEE ON I.A.
Nos.269550, 269552, AND 269553 OF 2024 IN WRIT PETITION ON 202 OF 1995 FILED BEFORE THE HON'BLE SUPREME COURT OF INDIA BY JUMMA AND OTHERS, REGARDING PROTECTION AND CONSERVATION OF FOREST RESOURCES, IN LIGHT OF THE GRAVE ENVIRONMENTAL HARM BEING CAUSED IN DISTRICT NOOH, HARYANA, SPECIFICALLY IN VILLAGE BASAI, ADJACENT TO THE HARYANA RAJASTHAN BORDER. BACKGROUND The Applicants in this I.A, filed on 20.11.2024 represent the villagers of Village Basai, Tehsil Firozpur, District Nuh, where a road has been constructed without requisite approvals connecting Firozpur Jhirka to the adjoining hilly regions of Rajasthan. They have alleged that the local Sarpanch, Mr. Hanif alias Hannah, along with some government officials and the mining mafia, has violated laws, including the relevant MoEFCC Notifications and the provisions of Punjab Land Preservation Act (PLPA), 1900, by constructing the road without consulting or seeking approval from the forest department. 2. The Applicants have submitted that a newly constructed road connects three villages bordering Rajasthan-Chhapra, Dhaulet, and Naget-- with Village Basai. This road cuts through both forest land and cultivable agricultural land. The construction appears to have been initiated by the Sarpanch in collusion with certain government officials, allegedly driven by SUKHPREET KAUR 2025.09.22 05:46 I attest to the accuracy and integrity of this document chandigarh
their personal financial interests.
Given the proximity to mining areas near the Rajasthan border, this road is being misused to facilitate illegal mining activities and the transportation of illegally mined minerals, enabling the accumulation of wealth for personal gain. 3. It has also been submitted that the illegal construction of the road not only breaches established laws but infringes upon the rights of local farmers. Their cultivable agricultural land has also been unlawfully grabbed without any prior consultation or compensation. Acting in collusion with government officials, the mining mafia has forcibly appropriated this land for road development. This has endangered agriculture in the region, which is the primary livelihood of the poor villagers. The destruction of this limited and vital agricultural land poses a serious threat to both the livelihood and very survival of the affected communities. 4. According to the Applicants, the previously existing roads connecting Village Basai to Rajasthan did not impact agricultural land, however, the newly constructed road is unnecessary and appears to have been built solely to facilitate illegal mining operations. This has led to the empowerment of the mining mafia and sparked serious unrest and conflict within the village The illegally made road is in blatant violation of the SUKHPREET KAUR 2025.09.22 05:46 I attest to the accuracy and integrity of this document chandigarh
Ministry of Environment and Forests and Climate Change Notification of 07.05.1992 and the Punjab Land Preservation Act (PLPA), 1900, and also without obtaining the requisite clearance from the Forest Department. In addition to encroaching upon protected forest areas, cultivable agricultural land was forcibly seized from local farmers, disregarding their rights and leaving them economically vulnerable XXXXX XXXXX XXXXX RECOMMENDATIONS
17. Based on the relevant information, available facts, and circumstances detailed above, the CEC makes the following recommendations: (i) The District Magistrate, Nuh shall ensure that the said unauthorized road is made non-motorable and there is no movement of any vehicle on it.
(ii) The State Government of Haryana shall ensure that the damaged area is restored by reforestation with native species, and also by rehabilitation of farmers' cultivable land. (iii) The State Government of Haryana shall constitute an Independent high-power committee to investigate the Sarpanch's conduct, and if found guilty, recommend appropriate preventive action in accordance with extant norms and rules, and also suggest measures to be taken to strengthen oversight mechanisms for Gram Panchayats in Aravalli hills and ranges. (iv) The State Vigilance Department shall investigate allegations of collusion between the Sarpanch, government officials, and the mining mafia and submit a report to the Government within 90 days, under intimation to the CEC and the MOEFCC. SUKHPREET KAUR 2025.09.22 05:46 I attest to the accuracy and integrity of this document chandigarh
(v) The State Government of Haryana shall provide fair compensation or alternative land to villagers for their unlawfully seized agricultural lands, along with appropriate financial support to restore their livelihoods.
(vi) The Forest and Wildlife Department, Haryana shall establish a monitoring system with satellite surveillance and mandatory environmental impact assessments for Aravalli projects, and to formulate and implement a comprehensive Aravalli Conservation Plan (vii) The Chief Secretary, Haryana and Principal Chief Conservator of Forests shall reaffirm compliance of the orders of this Hon'ble Court passed on 21.07.2022 in Civil Appeal No.10294 of 2013 (viii) The District Magistrates of all districts of Haryana sharing boundary with Rajasthan shall be made answerable to this Hon'ble Court if transport of any illegal mining material takes place through the area under their jurisdiction (ix) The State Government of Haryana shall implement the decisions taken by it in its Minutes of Meeting dated 26.07.2024 and report compliance to the MOEFCC (x) The Hon'ble Court may kindly take note of the non- cooperative attitude of the District Magistrate, Nuh towards a matter under consideration of this Hon'ble Court and also of the fact that in spite of repeated letters from the Forest Department to Revenue Officers and wide media coverage no perceptible action has been taken by him to stop the illegal movement of materials and traffic on this illegal road. As deem fit, suitable action is required to be taken against him for his misconduct by the State Government of Haryana. This report has the approval of the Chairman and all Members of the CEC and is submitted for the kind
consideration of this Hon’ble Court. (Banumathi, G) Member Secretary Dated:15.04.2025 SUKHPREET KAUR 2025.09.22 05:46 I attest to the accuracy and integrity of this document chandigarh
10. In the instant case, the record and the arguments raised by the petitioner and the State would reveal that the allegations against the petitioner are that he being the master-mind of the entire scheme in conspiracy with others got constructed and widened two illegal roads through forest/agricultural land in village Basai Meo, District Nuh connecting Ferozepur Jhirka to the adjoining hilly roads/areas of Rajasthan without the requisite approval of the Government authorities to facilitate illegal mining. The said construction has taken place in violation of various laws and with the active connivance of Government officials and the mining mafia.
11. Petitioner-Mohd. Hanif @ Hanna, the then Sarpanch of Village Basai Meo spearheaded the entire campaign of collecting money from the persons involved in legal and illegal mining and from the royalty contractor of Rajasthan. Thereafter, the Consolidation Officers and other officials were bribed for establishing the two illegal roads and then the construction was got done of the said illegal roads. He has misused his powers as the Sarpanch of Village Basai Meo during the consolidation process for the establishment and construction of these two roads through agricultural land and forest land. As the offences stand prima facie established from the investigation conducted so far and with a view to obtain further information from the petitioner regarding the manner in which the offences have been committed and for taking the investigation to its logical conclusion, the custodial interrogation of the petitioner is certainly required. Even SUKHPREET KAUR 2025.09.22 05:46 I attest to the accuracy and integrity of this document chandigarh
otherwise, the allegations cannot be said to be so frivolous or politically motivated for which the petitioner may be entitled to the concession of anticipatory bail.
12. In view of the above discussion, I do not find any merit in the present petition and the same stands dismissed.
13. However, it is made clear that the observations made in this
order are only for the purpose of deciding this bail application and the Trial Court is free to adjudicate upon the matter on the basis of the evidence lead before it uninfluenced by any such observations made.
14. The pending application(s), if any, shall stand disposed of accordingly. September 22, 2025
( JASJIT SINGH BEDI) sukhpreet JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No SUKHPREET KAUR 2025.09.22 05:46 I attest to the accuracy and integrity of this document chandigarh