Ram Narain and Others vs State of Haryana

Alok Singh, J.—This is a petition seeking anticipatory bail in case FIR No. 213 dated 13.08.2010, under Sections 419/420/467/471/120-B of the Indian Penal Code, registered at Police Station City, Tohana, District Fatehabad.

Learned Counsel for the Petitioners states that the only allegation against the Petitioners by the complainant, who is real brother of the Petitioners, is that the Petitioner transferred the land of the mother by producing imposter in 1992. As per the learned Counsel for the Petitioners, mother of the Petitioners and complainant expired on 22.05.2009 and she never raised any objection, therefore, complainant, brother of the Petitioners, has no locus stand to challenge the sale deed. Learned Counsel further states that Petitioners shall participate in the investigation and custodial interrogation is not required.

Hon''ble Apex Court in the matter of Siddharam Satlingappa Mhetre v. State of Maharashtra and Ors. reported in 2011(1) RCR (Cri) 126 has ruled that irrational and indiscriminate arrest must be avoided.

Considering the fact that mother of the Petitioners and complainant expired in the year 2009 after almost 17 years from the date of the sale deed and she never challenged the sale deed, I think, this is the case where anticipatory bail can be granted to the Petitioners.

Considering the totality of the facts and circumstances of the case, present petition is allowed. Petitioners shall report to the Investigating Officer within 10 days from today and join the investigation. On joining the investigation, Petitioners shall be released on bail on furnishing their personal bonds and one-one surety of Rs. 20,000/-each to the satisfaction of the Arresting Officer, subject to the following conditions:

i) that they shall make themselves available for interrogation by a police officer as and when required;

ii) that they shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer;

iii) that they shall not leave India without the previous permission of the Court.