Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 – s. 438 – Anticipatory bail – Rejection of |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973 – s. 438 – Anticipatorybail – Rejection of – Appellants’ case that they had possession overthe subject land and they never sold the subject land to anyone norhave they ever executed any power of attorney (GPA) in favor ofany third party – However, appellants learnt that the accused personshad approached the halqa patwari to sanction mutation of theaforesaid land – It was alleged that the application for mutationwas based on a forged and fabricated sale deed dated 24.02.2022– Appellant also learnt that the said sale deed was based on yetanother, purportedly, forged and fabricated GPA dated 18.09.1996– FIR registered against respondent no.2 and other accused personsu/ss.406, 420, 467, 468, 471 and 120-B of IPC – Respondent no.2fearing arrest filed an application for anticipatory bail before theSessions Judge but the same was dismissed – However, the HighCourt granted anticipatory bail to the accused – On appeal, held:According to respondent no.2, what transpired in 1996 was sale ofthe subject land through GPA – However, regardless of obtainingall the rights over the subject land, respondent no.2 never informedthe Revenue/local authorities that he had purportedly ‘purchased’the subject land through a GPA – The ownership of the land alwaysremained in the name of the appellants in the revenue record – Aportion of subject land was acquired by the government afterexecution of the 1996 GPA and compensation was paid to theappellants – Respondent no.2 neither objected to the payment ofsuch compensation nor asserted his title over the land, which henormally would have done had he possessed any rights over it –Respondent no.2 failed to show payment of consideration to theappellants – Sale deed was executed without mentioning PAN numberor deducting TDS – It is also unclear that when subject land wassituated in Gurugram district, why the GPA was registered in Kalkaji – There are overwhelming prima facie evidences to indicate that theversion of events provided by respondent no.2 , the buyers ofproperty and Sub-registrar should be viewed with scepticism – Athorough investigation is required by the investigating authorities –Therefore, custodial interrogation of respondent no.2 and otheraccused required – Order of the High Court granting bail set aside.Bail – Anticipatory Bail – Purpose – The relief of AnticipatoryBail is aimed at safeguarding individual rights – While it serves asa crucial tool to prevent the misuse of the power of arrest and protectsinnocent individuals from harassment, it also presents challengesin maintaining a delicate balance between individual rights andthe interests of justice and striking a balance between safeguardingindividual rights and protecting public interest – While the right toliberty and presumption of innocence are vital, the court must alsoconsider the gravity of the offence, the impact on society, and theneed for a fair and free investigation. |
Judge | Hon'ble Mr. Justice Surya Kant |
Neutral Citation | 2023 INSC 612 |
Petitioner | Pratibha Manchanda & Anr |
Respondent | State Of Haryana & Anr |
SCR | [2023] 10 S.C.R. 411 |
Judgement Date | 2023-07-07 |
Case Number | 1793 |
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