Punjab & Haryana HC: Bail granted in alleged property forgery case—Civil dispute given criminal colour

Case Name: Laxman Singh Negi v. State of Haryana & Anr.
Date of Judgment: January 9, 2020
Citation: CRM-M-45804-2019
Bench: Hon’ble Mr. Justice Arun Kumar Tyagi

Held: The High Court granted regular bail to the petitioner in a case involving allegations of forgery, cheating, and conspiracy relating to a disputed property transaction in Gurugram. The Court noted that the matter primarily appeared to involve civil rights over property, the petitioner had been in custody since August 2019, trial was likely to take long, and medical issues of the petitioner also warranted bail. Emphasizing that “bail is the rule, jail the exception,” the Court found continued detention unnecessary.

Summary: The complainant alleged that the petitioner and others conspired with a builder, Suresh Kumar Ahuja, to forge a collaboration agreement and subsequent agreements to sell flats on land already purchased by him in 2013. FIRs had earlier been registered involving the same property, with conflicting allegations. The petitioner and his wife executed agreements for limited allotment rights which were later transferred. The complainant alleged this amounted to fraud and blackmail. The defence argued that the complainant had already sold the land in 2016, the dispute was essentially civil, and the FIR was retaliatory. The State and complainant opposed bail, citing forgery and conspiracy. The Court observed that questions of guilt or document validity must be decided at trial, which would take considerable time. Since detention during trial is only to secure presence and not punishment, and given the petitioner’s health, bail was justified.

Decision: Petition allowed. Petitioner directed to be released on regular bail upon furnishing bonds to the satisfaction of the trial Court/Chief Judicial Magistrate, Gurugram.