Miss Lucy
← All judgments

Pratibha Manchanda vs The State Of Haryana

Supreme Court7 July 2023C.T. Ravikumar · Surya Kant

Ratio decidendi

The rule this decision rests on

When considering applications for anticipatory bail in cases alleging serious offences such as forgery and fabrication of documents relating to transfer of immovable property, a court must examine whether all material facts bearing on the principles established in Siddharam Satlingappa Mhetre and Gurbaksh Singh Sibbia have been properly considered, including: the nature and gravity of the allegations; whether original documents upon which the criminality allegedly rests are produced or their absence explained; the peculiar vulnerabilities of the complainants (age, residential status); significant discrepancies between stated consideration and market value; temporal gaps and procedural irregularities in document registration; patterns suggesting organized conspiracy; and whether custodial interrogation is necessary to investigate suspected collusion between multiple accused and public officials. Where prima facie evidence on these factors indicates a well-orchestrated conspiracy to defraud vulnerable persons of valuable property through forged documents and possible complicity of registering authorities, the balance between protecting individual liberty and securing public interest and effective investigation tilts toward permitting custodial interrogation, and a bail order that overlooks or minimizes such material facts may be set aside even if the principle of circumspection in cancelling bail orders ordinarily applies. The pendency of civil litigation concerning the validity of documents does not estop or bar criminal investigation into allegations of forgery and fabrication of those same documents, as criminal law and civil law proceed on different bases and serve different purposes.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

2023 INSC 612

REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO 1793 OF 2023 [Arising out of Special Leave Petition (Crl.) No.8146 2023] [Arising out of Special Leave Petition (Crl.) D.No.20936 of 2022]

Pratibha Manchanda & Anr. … Appellant(s) VERSUS State of Haryana & Anr. … Respondent(s)

JUDGMENT

Surya Kant, J.

1. Application seeking permission to file the SLP is

allowed. Leave Granted.

2. The instant appeal arises from a judgment of

Signature Not Verified the High Court of Punjab and Haryana at Digitally signed by satish kumar yadav Date: 2023.07.07 16:29:47 IST Reason: Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 1 of 32 Chandigarh (hereinafter, ‘High Court’) dated

31.05.2022, whereby the High Court allowed the

petition filed under Section 438 of the Code of

Criminal Procedure, 1973 (hereinafter, ‘Cr.P.C’) and

granted anticipatory bail to Respondent No. 2 in FIR

No. 113 of 2022, dated 16.03.2022, registered at PS

Badshahpur, district Gurugram, under Sections

406, 420, 467, 468, 471 and 120­B of the Indian

Penal Code, 1860 (hereinafter, ‘IPC’).

A. FACTS

3. The abovementioned FIR was lodged by the

Appellants against Respondent No. 2 and other

co­accused individuals, namely, Shel Narang, Bhim

Singh and Vinod. According to the contents of the

FIR, the Appellants are senior citizens who were

owners and had possession over the land bearing

rect. No. 55, Killa No. 3/1 (7­9), 4/1 (7­13),

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 2 of 32 measuring 15 Kanal 2 Marla, situated within the

revenue estate of Village Begampur Khatola, Tehsil

Kadipur, District Gurugram (hereinafter, ‘Subject

Land’) for over a period of 30 years. The Appellants

claim that they never sold the Subject Land to

anyone nor have they ever executed any power of

attorney (hereinafter, ‘GPA’) in favor of any third

party. The area has, in their version of events,

always been unequivocally under their possession

and has never been ceded in any form or fashion to

people outside the family.

4. On 28.02.2022, Appellant No. 2 went to Patwar

Bhawan, Gurugram to obtain revenue papers for the

Subject Land. He discovered there only that a

person named Bhim Singh Rathi had approached

the halqa patwari to sanction mutation of the

aforementioned land. The application for mutation

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 3 of 32 was, as per the Appellants, based on a forged and

fabricated sale deed bearing vasika No. 11493 dated

24.02.2022 (hereinafter, ‘2022 Sale Deed’). After

looking into the matter further, Appellant No. 2

learned that the said sale deed was registered in the

office of Sub­Registrar Kadipur, District Gurugram

and was executed by Respondent No. 2. The

execution in question was based on yet another,

purportedly, forged and fabricated GPA bearing

Vasika No. 13907 dated 18.09.1996 (hereinafter,

‘1996 GPA’), registered in the office of

Sub­Registrar­V, South East Delhi.

5. The Appellants, as alluded to earlier, have

adopted the stance that they never executed or

registered any GPA in favor of Respondent No. 2,

nor are they even acquainted with him in any form

or fashion. Instead, both the 1996 GPA and the

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 4 of 32 2022 Sale Deed were completely fraudulent

documents created by Respondent No. 2 and the

remaining co­accused named in the FIR, in

collusion with other officials at the Sub­Registrar's

office. These actions were carried out in complete

subterfuge and without any involvement of the

Appellants.

6. The Appellants claim that they are in

possession of the original sale deed for the Subject

Land, and a true copy of it was attached to the

complaint. Upon examining the 2022 Sale Deed, it

was apparent to them that the accused had failed to

provide a PAN Number, which is mandatorily

required for a valid sale deed. Furthermore, there

was no mention of the 1% amount of Tax Deducted

at Source (hereinafter, ‘TDS’) being deposited, which

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 5 of 32 also forms part of the requirements for execution

and registration of a sale deed.

7. The complaint also mentioned the current

market value of the Appellants' land, measuring 15

Kanal 2 Marla, as being approximately not less

than Rs. 50 crores. However, in the 2022 Sale Deed,

the sale consideration was shown as an abjectly low

and meager amount of Rs. 6,60,62,500/­, which

was significantly below its actual asking price.

Moreover, the Appellants had not received even this

miniscule amount even if the 2022 Sale Deed was

hypothetically considered to be valid. Thus, this

document was clearly created by Respondent No. 2

and the co­accused in collusion with the witnesses,

the scribe, and officials of the Sub­Registrar Tehsil

Kadipur, District Gurugram, with the unholy

intention to wisk the property away from the the

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 6 of 32 complainants and place it under the possession of

the accused.

8. Accordingly, the First Information Report was

registered at Police Station, Badshahpur,

Gurugram, and an investigation was initiated.

Respondent No. 2, fearing arrest if he were asked to

appear before the Investigating Officer, filed an

application for Anticipatory Bail before the

Additional Sessions Judge, Gurugram.

9. The Additional Sessions Judge, Gurugram,

dismissed Respondent No. 2's application for

anticipatory bail in an order dated 23.05.2022,

while observing that:

i. Respondent No. 2 was accused of allegedly

forging a GPA and executing the 2022 Sale

Deed. The original 1996 GPA was still to be

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 7 of 32 recovered by the police. Several questions

pertaining to the whereabouts of the 1996 GPA,

the execution of the sale deed, the payment of

sale consideration, sanctioning of the mutation,

and the relationship between Respondent No. 2

and the Appellants, were all to be ascertained;

ii. The allegations against Respondent No. 2 were

serious, and filing a civil suit did not absolve

them of criminal liability. Anticipatory bail was

to be granted only in exceptional

circumstances, as a person under pre­arrest

bail may not disclose all the relevant facts

under questioning, due to the safeguard

provided under Section 438 of the Cr.P.C.

Custodial interrogation of Respondent No. 2

was necessary for a thorough investigation,

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 8 of 32 given all the outstanding points of inquiry that

remained pending.

10. Aggrieved, Respondent No. 2 filed an

application for Anticipatory Bail before the High

Court. The High Court, vide impugned order dated

31.05.2022, allowed the application and granted

him Anticipatory Bail. The High Court, inter alia,

observed that:

i. The dispute involves the validity of the 1996

GPA and the misappropriation of the purported

sale consideration. Civil suits have been filed

regarding the ownership and possession of the

property already and a handwriting expert's

report was crucial in determining the

authenticity of the signatures;

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 9 of 32 ii. The High Court acknowledged the pendency of

ongoing civil suits and suggested that the

validity of the 1996 GPA's execution could be

determined by the civil court, and did not need

to be a determinative factor in the proceedings

for anticpatory bail;

iii. Prima facie, it seemed that the involvement of

the criminal justice system, initiated by the

Appellants, might be an attempt to settle

certain transactions and resolve ongoing

disputes between them. In this background, to

ensure that justice was done for both the

Appellants and Respondent No. 2, directions

were issued for them to provide their specimen

signatures. The handwriting expert was tasked

with comparing the writings and signatures to

assess their similarity.”

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 10 of 32

11. The High Court ordered that no arrest of

Respondent No. 2 would be carried out as long as he

provided personal and surety bonds of Rs. 2 lakhs

each to the satisfaction of the investigating officer.

While extending these protections, Respondent

No. 2 was also instructed to cooperate with the

investigation whenever required and to give an

undertaking to avoid tampering with prosecution

evidence, or influence any of the witnesses.

Furthermore, a deposit of of Rs. 1.50 Crores was to

be subimtted before the concerned Magistrate which

would serve as victim compensation and be

disbursed based on the outcome of the trial.

12. The Appellants being aggrieved at the grant of

anticipatory bail, are before us.

B. CONTENTIONS

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 11 of 32

13. Shri Saket Sikri, learned counsel for the

Appellants, vehemently contended that the High

Court acted on the erroneous assumption that the

alleged 1996 GPA in favor of Respondent No. 2 is

genuine. The original copy of 1996 GPA has not

been recovered by the police till date, and hence,

custodial interrogation is required. Furthermore, the

High Court failed to consider that despite the 1996

GPA being executed in favour of Respondent No. 2,

he applied for its certified copy only in February

2022, i.e., 26 years later, whereas he should have

possessed the original already if his claim is to be

bona fide. The present case is one where

Respondent No. 2, in collusion with other accused

persons, has carried out an elaborate fraud against

the Appellants, who are vulnerable owing to their

age and the NRI status. Additionally, the signatures

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 12 of 32 used by Appellant No. 2 during the period between

1990­2000 are dissimilar, unalike and non­identical

from those inscribed on the alleged GPA dated

18.09.1996. In addition, the consideration of the

alleged sale deed ­ Rs. 6.60 crores ­ is far less than

the market value of the Subject Land, which is

stated to be Rs. 50 crores.

14. Ms. Bansuri Swaraj, learned Additional

Advocate General appearing on behalf of

Respondent No. 1 – State of Haryana, strongly

contested the grant of anticipatory bail to

Respondent No. 2 and supported the stand taken by

the Appellants. It was argued that a strong prima

facie case has been made out against Respondent

No. 2, and that his custodial interrogation is vital to

the objective of unearthing the larger conspiracy.

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 13 of 32

15. Shri Maninder Singh, learned Senior Counsel

representing Respondent No. 2, vigorously defended

High Court’s view and asserted that each and every

allegation, contention, and submission made by the

Appellants was factually and legally incorrect.

Learned Senior Counsel argued that Respondent

No.2 had originally purchased the land in question

from the Appellants in the year 1996. However, at

that time, there was a third­party lease existing on

the land. In order to address this, the Appellants

executed 1996 GPA, which was duly registered at

the office of the Sub­Registrar, Kalkaji, Delhi. This

GPA has not been disputed in any court of law and

has not been challenged by the Appellants up to the

time the civil suits were filed, clearly showing that

the contestation of its validity was merely an

afterthought. Respondent No. 2 had full

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 14 of 32 authorization through the 1996 GPA to execute a

registered deed of conveyance for the property in

question and receive consideration for it. On

24.02.2022, Respondent No. 2 sold the land

through the exercise of power vested in him by

virtue of the 1996 GPA. However, the purchasers

have not been included as parties before this Court.

The authenticity of the GPA had been verified

according to the report of the Sub Registrar, Kalkaji,

dated 13.02.2022 and the sale of the land only took

place after the receipt of the verification report. It

was only after this that the Appellants began

threatening Respondent No. 2 and the purchasers,

and subsequently filed the civil suits contesting the

validity of the GPA. Furthermore, the High Court

has granted anticipatory bail to Respondent No. 2

subject to strict conditions such as providing

specimen signatures to the Investigating Officer and

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 15 of 32 depositing Rs. 1.50 crores. The police have also

obtained records from the Sub Registrar's office and

Respondent No. 2 has complied with all the

conditions imposed on him by the High Court.

C. ANALYSIS

16. It goes without saying that the alleged offences

of forging documents for transferring ownership of

land worth crores of rupees are grave in nature.

Hence, while it is extremely important to protect the

personal liberty of a person, it is equally incumbent

upon us to analyze the seriousness of the offence

and determine if there is a need for custodial

interrogation.

17. In Siddharam Satlingappa Mhetre v. State

of Maharashtra1, this Court carefully considered

the principles established by the Constitution Bench

1 (2011) 1 SCC 694.

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 16 of 32 in Gurbaksh Singh Sibbia v. State of Punjab2

case. After a thorough deliberation, this court

arrived at the following conclusion:

"112. The following factors and parameters can be taken into consideration while dealing with anticipatory bail:

(i) The nature and gravity of the accusation and the exact role of the accused must be properly comprehended before arrest is made;

(ii) The antecedents of the applicant including the fact as to whether the accused has previously undergone imprisonment on conviction by a court in respect of any cognizable offence;

(iii) The possibility of the applicant to flee from justice;

(iv)The possibility of the accused's likelihood to repeat similar or other offences;

(v) Where the accusations have been made only with the object of injuring or humiliating the applicant by arresting him or her;

(vi)Impact of grant of anticipatory bail, particularly in cases of large magnitude affecting a very large number of people.

xxx xxx xxx”

2 (1980) 2 SCC 565.

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 17 of 32

18. In Sushila Aggarwal v. State (NCT of

Delhi)3, the Constitution Bench reaffirmed that

when considering applications for anticipatory bail,

courts should consider factors such as the nature

and gravity of the offences, the role attributed to the

applicant, and the specific facts of the case.

19. The relief of Anticipatory Bail is aimed at

safeguarding individual rights. While it serves as a

crucial tool to prevent the misuse of the power of

arrest and protects innocent individuals from

harassment, it also presents challenges in

maintaining a delicate balance between individual

rights and the interests of justice. The tight rope we

must walk lies in striking a balance between

safeguarding individual rights and protecting public

interest. While the right to liberty and presumption

3 (2018) 7 SCC 731.

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 18 of 32 of innocence are vital, the court must also consider

the gravity of the offence, the impact on society, and

the need for a fair and free investigation. The court's

discretion in weighing these interests in the facts

and circumstances of each individual case becomes

crucial to ensure a just outcome.

20. Adverting to some of the undisputed facts in

this case, it is clear that the 1996 GPA has not yet

seen the light of the day. No indication regarding the

location of the original document has been placed

before us. In light of Respondent No. 2’s own

contention, what transpired in 1996 was the sale of

the Subject Land through the GPA. Upon reviewing

a copy of the alleged 1996 GPA presented to the

court, the Appellants relinquished all crucial rights

pertaining to the Subject Land. These rights include

possession of the land, handling water, sewer,

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 19 of 32 electricity, power connections, and other services

related to the property, paying lease payments and

other dues, making additions or modifications to the

existing structure with required permissions,

renting out the land, issuing receipts, and managing

tenant­related matters. Furthermore, the Appellants

granted authority for selling, disposing, or

transferring the land, entering into agreements, and

receiving consideration on behalf of the principal.

However, regardless of obtaining all the rights over

the Subject Land, Respondent No. 2 does not appear

to have ever informed the Revenue/local authorities

that he had purportedly ‘purchased’ the Subject

Land through a GPA. The ownership of the land

always remained in the name of the Appellants in

the revenue record and no application for change of

mutation, etc. was moved by the 2nd Respondent.

We are informed that at a very belated stage, after

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 20 of 32 the execution of the alleged 1996 GPA, a portion of

the Subject Land was acquired by the Government

and compensation in this regard was paid to the

Appellants. Respondent No. 2 neither objected to the

payment of such compensation nor asserted his title

over the land, which he normally would have done

had he possessed any rights over it. It would be

incongrous to accept transfer of ownership rights in

an immovable property merely on execution of a

power of attorney.

21. We must keep in mind that the Subject Land is

a prime property situated in the National Capital

Region. Even in the year 1996, it’s value must have

been quite significant. The 2 nd Respondent has so

far not been able to show payment of any

consideration to the Appellants in the year 1996.

The original GPA, as we have noted on multiple

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 21 of 32 ocassions, is conspicuous by its absence. A certified

copy of this GPA is said to have been relied upon to

execute the disputed sale deed. We fail to

understand or comprehend as to how a bona fide

purchaser could pay crores of rupees as sale

consideration to a person who neither possesses

documents showing ownership and title nor has

original GPA of the true owner(s) of the property

being sold. The fact that the sale deed was allegedly

executed without mentioning the PAN Number or

without deducting TDS, underlines the dubious

nature of this transaction. We are equally intrigued

at the behaviour of the Registering Authorities and

their acceptance of the conveyance deed in the

absence of these formalities being completed. The

Sub­Registrar and his officials were obligated to

verify the ownership rights before registration of the

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 22 of 32 sale deed. As per the Appellants’ claim, the prior

original sale deeds of the land are still in their

possession. The fact that the vendee agreed to pay

such massive sums of money to Respondent No. 2

without obtaining the original records as of now

casts a shadow over the legitimacy of the

transaction.

22. It warrants mention here that the Appellants

are elderly couple. Being NRIs, the majority of their

time is spent abroad. They have stated that they

were not in India at the time of execution of

disputed sale deed. The Appellants’ claim that the

market value of the land is not less than Rs. 50

crores, although not got verified yet by a valuation

expert, does not appear to be far off the mark. There

is a serious allegation of under­valuation of the land

at the time of execution of the allegedly fraudulent

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 23 of 32 sale deed. The contention that the consideration of

Rs.6.60 crores is much less than the market value

of the Subject Land, thus, also requires a deeper

probe.

23. We are not oblivious of the fact that

Respondent No. 2 is said to have applied for the

certified copy of the 1996 GPA in February, 2022

after a period of 26 years since its execution. It is

also unclear why, given that when the Subject Land

is situated in Gurugram District, the GPA in relation

to the property was registered in Kalkaji, New Delhi.

It raises some suspicion regarding the genuineness

of the GPA. There is, thus, overwhelming and clear

cut prima facie evidence to indicate that the version

of events provided by Respondent No. 2, the buyers

of the property, and the Sub Registrar, should be

viewed with scepticism. These parties, prima facie,

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 24 of 32 appear to be acting in concert with each other and

might be hands in glove, with the ulterior motive of

duping the absentee land­owners. This angle

requires thorough consideration by the investigating

authorities. The Appellants have seemingly fallen

prey to a well­orchestrated conspiracy hatched to

rob them of their highly valuable property. In such

cases where the victims of a crime, on account of

their old age and geographical distance, are unable

to secure justice on their own, it falls upon Courts

and the State to carry out their solemn duty to

ward off injustice and restore the faith of one and all

in the rule of law.

24. All these material facts which go to the root of

the matter were unfortunately not brought to the

notice of the High Court. Had there been proper

assistance, the High Court also would have given a

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 25 of 32 free hand to the investigating agency to investigate

the role of Respondent No. 2, the vendees, the Sub

Registrar and other officials of the Registering

Authority, so as to uncover the collusion,

connivance and conspiracy, if any, engineered to

commit fraud at the expense of the Appellants.

25. Land scams in India have been a persistent

issue, involving fraudulent practices and illegal

activities related to land acquisition, ownership, and

transactions. Scammers often create fake land titles,

forge sale deeds, or manipulate land records to show

false ownership or an encumbrance­free status.

Organized criminal networks often plan and execute

these intricate scams, exploiting vulnerable

individuals and communities, and resorting to

intimidation or threats to force them to vacate their

properties. These land scams not only result in

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 26 of 32 financial losses for individuals and investors but

also disrupt development projects, erode public

trust, and hinder socio­economic progress.

26. While we do not wish to comment further on

this issue, we believe it is necessary to foil any trace

of organised crime perpetrated by land mafia,

through an unimpaired and unobstructed

investigation.

27. It is inarguable that the cancellation of bail

should be done only for substantial and compelling

reasons, however, setting aside an erroneous bail

order is altogether different from cancelling bail.

This Court does not intend to interfere with the

judicial discretion exercised by the High Court in

granting bail to an accused as a standard practice.

However, it is essential to ensure that all the

material facts are brought on record and thereafter

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 27 of 32 only the discretionary jurisdiction is exercised in

accordance with the fundamental principles of

anticipatory bail laid down in various decisions over

time by this Court.

28. It is immaterial that the genuineness of the

1996 GPA is already sub­judice before the Civil

Court in the civil suits pending between the parties.

The appellants, owing to their age and residential

status, cannot be expected to await indefinitely for

the outcome of these civil proceedings. Regardless,

the pendency of these cases does not estop the

issues of forgery and fabrication being considered in

the course of criminal investigation. The facts of the

case speak for themselves and an element of

criminality cannot be ruled out at this stage.

Whether or not the alleged offences were committed

by Respondent No. 2 and his co­accused in active

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 28 of 32 collusion with each other can be effectively

determined by a free, fair, unhampered and

dispassionate investigation. In the peculiar facts

and circumstances of this case, custodial

interrogation of not only Respondent No. 2 but all

other suspects is, therefore, imperative to unearth

the truth. Joining the investigation with a protective

umbrella provided by pre­arrest bail will render the

exercise of eliciting the truth ineffective in such like

case. We are, as mentioned, also skeptical,

suspicious and incredulous about the verification

process of the 1996 GPA carried out by the Sub­

Registrar, Kalkaji, New Delhi. Hence, the conduct of

the officials of Sub­Registrar Office, Kalkaji, New

Delhi is also required to be examined to take the

investigation to its logical conclusion.

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 29 of 32

29. It is clarified that the observations made

hereinabove are prima facie in nature and shall not

be taken as final conclusions.

D. CONCLUSION

30. In light of above discussion and without

expressing any views on the merits of the case, the

appeal is allowed and the impugned order dated 31 st

May, 2022 passed by the High Court granting

pre­arrest bail to Respondent No. 2 is hereby set

aside.

31. Given the facts and circumstances of this case,

we expand the scope of inquiry in these proceedings

and direct the Commissioner of Police, Gurugram

to constitute a Special Investigation Team (SIT) to be

headed by an officer not below the rank of Dy.

Superintendent of Police along with two Inspectors

as its members. The SIT shall take over the

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 30 of 32 investigation forthwith. The SIT shall have the

liberty to subject Respondent No. 2, the vendee(s),

the Sub Registrar/officials, or other suspects to

custodial interrogation to arrive at a definite

conclusion, strictly in accordance with law.

32. In case the vendees, the officers/officials of the

Registering Authority have secured anticipatory bail

from Sessions Court/High Court, the SIT shall be at

liberty to seek suitable modifications to such orders

so that no impediment is caused in carrying out a

fair and free investigation.

33. No interlocutory/interim order passed by the

Civil Court shall obstruct the ongoing investigation.

The Civil Court shall not, from this point forth, pass

any such order in pending civil suits which may

hamper the ongoing investigation.

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 31 of 32

34. The SIT shall conclude the investigation as

early as possible and not later than two months

from the date of this order.

35. The Commissioner of Police, Gurugram shall

be personally responsible for monitoring the day to

day investigation.

36. The authorities of NCT of Delhi shall extend

full cooperation in the matter of verification of the

genuineness of the GPA alleged to have been

registered in the office of Sub Registrar, Kalkaji, New

Delhi in the year 1996.

…………………………..J. [Surya Kant]

…………………………..J. [C.T. Ravikumar] New Delhi;

July 07, 2023

Crl. A. No.___ of 2023 @ SLP (CRL.) D. NO. 20936 OF 2022 Page 32 of 32

This page reproduces a public judgment and a summary of it. It is research material, not legal advice, and it is no substitute for advice from an advocate on your own facts.

Research this judgment with Miss Lucy

Ask what it holds, what has followed it, and what it means for your matter — in plain English, with the citations.

Try Miss Lucy free