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2026 DAILYLAW 37991 (PNJ)

ROHIT KUMAR v. STATE OF HARYANA

CRM-M/5533/2026 · 2026-09-02

Vikram Aggarwal

body2026

Judgment text

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CRM-M-5533-2026 -1- 214 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-5533-2026 Date of decision: 02.09.2026 ROHIT KUMAR ...Petitioner Vs. STATE OF HARYANA ...Respondents CORAM: HON'BLE MR. JUSTICE VIKRAM AGGARWAL Present: Mr. Himanshu Bansal, Advocate for the petitioner. Ms. Vasundhara Dalal Anand, Sr. DAG, Haryana. *** VIKRAM AGGARWAL, J. (Oral) The prayer in the present petition preferred under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’) is for the grant of regular bail to the petitioner in case FIR No.211, dated 07.07.2025 registered at Police Station Sector-5, District Panchkula, under Sections 318(4), 336(2), 336(3), 338, 340(2) and 61(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘the BNS’). 2. Custody certificate dated 01.09.2026 filed today in Court is taken on record. 3. On the statement of one Ranjodh Sund, the FIR in question was registered, the contents of which are as under:- “I am a retired Police officer of the UK Police Department and son of deceased Mehnga Ram Sund, currently residing at 113 Wallbrook Road, Derby, DE23 8SF, UK, having Email Id: ranj.sund@sky.com want to bring the following criminal acts against my property to your immediate and kind attention:- 1. My father, Mehnga Ram Sund was owner and in possession of NEERAJ 2026.09.02 18:27 I attest to the accuracy and integrity of this document CRM-M-5533-2026 -2- plot number 102 p sector 2, measuring 450 square yards situated at urban estate, Panchkula Haryana. That my father Mehnga Ram breathed his last on 8th August 2012. 2. After his death I being one of the surviving legal heirs of my father was in possession of the house since 2012 3. Since I have been residing in U.K. I appointed my aunt Shindo as caretaker of the abovementioned house. I used to visit the house whenever I visited India and use to stay in the house during that period. The neighbours are all well aware of this and know these facts as we had cordial relations with everyone around in the locality. 4. my father's name i.e., Mehnga Ram Sund is reflecting in the records of Haryana Shehri Vikas Pradhikaran (HSVP) department. This plot was allotted by HUDA in name of my father (deceased) Mehnga Ram Sund on 04.04.1996. 5. Mehnga Ram Sund died intestate and we his legal heirs are his natural successors to his property 6. I through my representatives went to the office of HSVP, Panchkula for getting my name entered with regard to the house in question and to my shock and dismay, it came to my knowledge that one Rohit Kumar is claiming himself to be owner of the house in question on the basis of a Will dated 10.09.2008 purported to have been executed by Mehnga Ram Sund. This man is neither related to us in any manner nor his identity is known to anyone in the family. 7. 1 had cordial relations with my father and I was also serving my father during his old age and had all the love and affection for him. My father, had no reason to Will his property to any third random person. My father, Mehnga Ram Sund never executed any Will dated 10.09.2008 in favour of the Rohit Kumar. 8. Since I with all my siblings and their families are residing at UK therefore taking undue advantage of our absence this Rohit Kumar seems to be trying usurp our property through a forged Will and document. 9. On 04.04.2025 I requested my representatives to check the status of the property and as an additional measure put a poster stating our ownership and possession and check if all is fine as far as the security of the property is concerned. My aunt who is the caretaker resides in village SBS Nagar. On 05.04.2025 the Punnumazra, SBS Nagar. On 05.04.2025 the representatives visited the property and put a sign board that this property belongs to Mehnga Ram Sund and trespassers will be prosecuted. The property has been under my continuous possession. Photographs are attached with this email. 10. On our routine checking the very next day, we found our locks broken into and four to five men inside the property and my poster taken off and entered into the property illegally. It is shocking that in broad daylight such illegal acts are still happening on NRI properties. I request you to launch a full-fledged NEERAJ 2026.09.02 18:27 I attest to the accuracy and integrity of this document CRM-M-5533-2026 -3- investigation and bring the guilty of such acts to law with strict actions taken against them and my peaceful possession returned. I am available for a call and also if you feel deem fit, I can travel and appear in person to substantiate my further.” 4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated. He submits that as regards the property in question, a Civil Suit (Annexure P-5) has been filed and an order of status quo has been passed by the trial Court. He further submits that the case is based upon documentary evidence; investigation stands completed; final report has been submitted; charges have been framed but out of 17 prosecution witnesses, none has been examined. He further submits that antecedents of the petitioner are clean. He submits that trial will take a sufficiently long time, therefore, no useful purpose would be served by keeping the petitioner in custody any longer. 5. Per contra, learned State counsel has strenuously urged that the petitioner does not deserve to be released on bail since it is a clear-cut case of forgery. While referring to the report of the Sub-Registrar, she submits that no record of the Will existed in the office of the Sub-Registrar. She further submits that in case the petitioner is released on bail, he may abscond and may also try to influence or threaten the witnesses. However, she has not been able to deny that the antecedents of the petitioner are clean. 6. I have considered the submissions made by learned counsel for the parties. 7. The case is largely based upon documentary evidence. As to whether it was a case of a forgery or not shall be determined during the course of trial. The petitioner is in custody for the last 01 year and 03 days. NEERAJ 2026.09.02 18:27 I attest to the accuracy and integrity of this document CRM-M-5533-2026 -4- Investigation stands completed and the final Report has been submitted. Out of 17 prosecution witnesses, none has been examined. Still further, antecedents of the petitioner are clean. Not only this, the petitioner has instituted a Civil Suit also with regard to property in question, in which an order of status quo has been passed by the trial Court. Since the trial is at its initial stage, it will take a sufficiently long time to conclude and therefore, no useful purpose would be served by keeping the petitioner in custody any longer. 8. In view of the aforementioned facts and circumstances, without expressing any opinion on the merits of the case, the present petition is allowed. The petitioner is ordered to be released on regular bail on his furnishing bail/surety bonds to the satisfaction of the concerned trial Court/Chief Judicial Magistrate/Duty Magistrate. Pending application(s), if any, stand(s) disposed of. (VIKRAM AGGARWAL) 02.09.2026 JUDGE neeraj Whether speaking/reasoned : Yes No Whether Reportable : Yes No NEERAJ 2026.09.02 18:27 I attest to the accuracy and integrity of this document