Gautam Ram v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH 124+205 CRM-M-26259-2024 (O&M) Decided on : 05.07.2024 GAUTAM RAM . . . Petitioner(s)

Versus

STATE OF HARYANA . . . Respondent(s) CORAM: HON'BLE MS. JUSTICE KIRTI SINGH PRESENT: Mr. Ashish Pannu, Advocate for the petitioner.

Mr. Anmol Malik, DAG, Haryana.

**** KIRTI SINGH , J. (Oral) This petition under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case bearing FIR No.222 dated 04.04.2023 under Sections 120-B, 365, 379B, 406, 420, 468, 471, 506, 511 IPC registered at Police Station Shivaji Colony, Rohtak, District Rohtak. 2.

Today, status report dated 04.07.2024, by way of an affidavit of Virender Singh, Deputy Superintendent of Police, Rohtak on behalf of the respondent-State, has been filed by learned State counsel, in Court today, which is taken on record. A copy thereof has been handed over to the counsel for the petitioner.

3.

The learned State counsel, in his opposing the relief of anticipatory bail to the petitioner, refers to paragraph Nos. 2, 3 and 6 of the status report, which are reproduced below:

xxx xxx xxx xxx "2.

That the present case was registered on the complaint of Murti Devi wife of Phool Singh, aged 75 years (mother of petitioner) mentioning therein that in January, 2019, her son(petitioner alongwith his wife Jyoti had fraudulently transferred her house in his name transfer deed (blood relation bearing No.14971 dated KAVITA NAIN 2024.07.05 16:52 I attest to the accuracy and integrity of this document order/judgment

CRM-M-26259-2024 (O&M) - 2 - 16.01.2019 and thrown her out of her house after giving her beatings. Thereafter, while forging her signatures, his son and daughter-in-law took loan of huge amount on that house twice. The further submitted that prior to alleged date of being co-applicant for taking the loan by his eon and daughter-in-law, she has already noved an application, which was pending adjudication before the Sub Divisional Magistrate, Rohtak Therefore, there was no reason for her to be the co-applicant with her som in loan papers. She further stated that on coming to know about the Scan taken by her son, she herself get checked her signatures on loan papers from a private lab.

wherein her signatures were found to be fake Thereafter, she moved a complaint Before the Superintendent of Police, Rohtak for taking appropriate action on her complaint, but when no action was taken by the police. On 12/03/2023, COMMISS Me con put her under fear and threat and made KONTAK ait in the car to take her somewhere When har daughter Dayawanti saw this, she attempted to video-graph the entire scene, upon which the petitie itioner had caused her injuries, snatched and sroke her gold chain. With these allegations, she prayed for taking legal action against the petitioner. On the basis of this statement, the present case was registered.

3. That the investigation was carried out. During the course of investigation the loan record alongwith account statement from L.I.C. Housing Finance was obtained. During investigation, the sample signatures of complainant were submitted to PSL for matching the handwriting. On 08.03.2024, a sample handwriting report was received in the case that the handwriting did not match with anyone. During investigation no evidence regarding offence U/ 3798. 165, 511, 506 IPC was found hence these sections have been deleted. The FSL report is attached herewith as Annexure-81. xxx xxx xxx xxx

6. That in compliance of order of the Hon'ble High Court the petitioner has been joined investigation in this case on 24/6/2024 but he has not co-operated in the investigation and did not disclose about preparing of forged documents for obtaining the loan. " xxx xxx xxx xxx 4.

In view of the disclosures made in the hereinabove extracted paragraphs of the status report, this Court is of the view that the petitioner is not entitled to concession of anticipatory bail. Consequently, the instant petition is dismissed.

5.

Pending applications if any, also stands disposed of. (KIRTI SINGH) JUDGE July,05 2024 Kavita Nain Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No KAVITA NAIN 2024.07.05 16:52 I attest to the accuracy and integrity of this document order/judgment