Ashwani Sharma v. State of Haryana and Others

IN Ashwani

State of H

Date of d Date of U CORAM Present:

SUMEET

¶1seeking g 2023 in F under Sec

¶2land meas through a approxim It has bee his sons, r encumbra complaina sanctioned

THE HIGH COURT OF PUN CHANDIG

Sharma

V/s Haryana and others

decision: 20.07.2026 Uploading : 20.07.2026 M: HON'BLE MR. JUSTICE Mr. Lohit Kumar Bimal, Adv Mr. Raghav Bimal and Suhit Ms. Mahima Yashpal Singla, Mr. Saurabh Bajaj, Advocate ***** T GOEL, J. (Oral) Present petition has been grant of anticipatory/pre-arrest b FIR No.325 dated 29.08.2024 r ctions 420 of IPC at Police Statio As per the prosecution case suring 990 square yards situated a registered sale deed dated 2 ately ₹1.96 crores along with st en alleged that the petitioner nam represented to the complainants ances, disputes and litigation. Ac ants purchased the property an d in their favour. Later, the com

NJAB AND HARYANA AT ARH

CRM-M-31734-2026

....Petitioner

....Respondents SUMEET GOEL vocate with t Jain, Advocates for the petition , Senior DAG Haryana. e for respondent Nos.2 to 4. filed on behalf of the petition bail under Section 482 of BNS registered for offences punisha on Rajendra Park, Gurugram. e, the complainants had purchas d in Village Daultabad, Gurugr

27.02.2019 for a consideration tamp duty and registration charg mely Ashwani Sharma, along w that the property was free from cting upon such representations, nd the mutation was subsequen mplainants came to know abou

er. ner SS, ble sed am of ges. with all ntly

judgment Mutation claimed th these alle dishonestl concealin themselve registered

¶3is purely counsel h question

27.02.201 themselve in questio to them. A an ex part suit institu said decr therefore, Furthermo instituted that the d

and decree dated 17.10.2022 p Nos.19141 and 19266, on the he ownership, were declared ille egations, it was alleged that ly induced the complainants g the material facts and th es. On these set of allegations, d and investigation ensued. Learned counsel for the r has been falsely implicated into civil in nature which has been has further iterated that the petiti at the time of execution of 19 and hence there was no mis r. It has been further conten es verified the revenue record b on and the physical possession o According to learned counsel, th te judgment and decree dated 17 uted by a third party(s). Learne ree has been passed after the no dishonest intention can ore, the complainants have alrea civil suit regarding the same pr dispute is civil in nature. Moreov

passed by the Civil Court where basis of which the petitioner h egal, null and void. On the basis the petitioner and his sons h s to purchase the property ereby caused wrongful gain , the FIR in question came to petitioner has iterated that o the FIR in question as the disp n given a criminal colour. Learn ioner was the owner of the land f the registered sale-deed da srepresentation on the part of ded that the complainants ha before the purchase of the prope of the land has also been deliver he dispute arose subsequently wh

7.10.2022 has been passed in a ci ed counsel has emphasized that execution of the sale deed an be attributed to the petition ady availed the civil remedies a roperty which clearly demonstra ver, the essential ingredients of

eby had s of had by to be ute ned d in ted ave erty red hen ivil nd, ner.

offence o induceme the incep including further co which are recovery that the p required a process o enlarged o anticipato

¶4an affidav II, Gurug bail to th during the under:

of cheating are completely a ent nor any fraudulent intention tion of the transaction. It has r is a senior citizen suffering kidney-related complications ontended that the entire case is e already available with the in is to be effected from the petitio etitioner is ready and willing to and there is no likelihood of th f justice or tampering with the on pre-arrest bail. On strength ory bail is entreated for. Referring to reply dated 02. vit of Vishal, HPS, Assistant Co gram learned State counsel has he petitioner by arguing that th r are grave, serious and suppor e course of investigation. The r "13. That the role of present case is that he had so Khasra No. 4348/67/12/2 and the revenue estate of the Indu complainants/ respondents n 17418 dated 27/02/2019. T sanctioned on 16/05/2019. Th the accused, Ashwani Sharm

absent as there was neither a on the part of the petitioner fro s been further contended that g from serious medical ailmen and loss of vision. It has be s based on documentary eviden nvestigating agency and hence oner. It has been further contend join the investigation as and wh he petitioner absconding from prosecution evidence in case he of these submissions, the grant

06.2026 by way of an affidavit ommissioner of Police, EOW-I a opposed the grant of anticipato he allegations levelled against rted by specific material collec relevant part of the reply reads the petitioner Ashwani Sharma in old 990 square yards of land-compris d Khasra No. 4351/68/2/1, situated wit ustrial Area, Village Daulatabad, to no. 2 to 4, vide Sale Deed Vasika N The mutation for this transaction w he aforementioned sale deed-executed ma-explicitly stated that the plot/land

any om nts, een nce ded hen e is t of t of ory ted as sing thin No. was d by

learned St concealed the compl any litigat custodial verificatio Consideri the dismis

4.1. (complain Learned c civil in na

question is free from all encum later came forth that the muta the land in question have be Judge (Junior Division), Gur

17.10.2022 in Civil Suit No. 1 question was under litigation However, the petitioner delib complainant and induced hi 17418 dated 27/02/2019. Th present FIR.

¶14That the custodi required for obtaining inform sanctioning the mutation no. the said Will, for recoverin obtaining information abou information about the other p for obtaining other relevant in Raising submissions in ta tate counsel has further iterated d the material facts regarding th lainants to purchase the land by tion/encumbrances. Learned Sta interrogation of the petitio tion, particularly for recovery on of forged agreements a ing the seriousness of the allegat ssal of the instant petition is pray Learned counsel appearing nants) has raised submissions i counsel has iterated that the alleg ature at this stage, as the materi

mbrances and litigation. However, it w ation no. 19141 and 19266 pertaining een canceled by the Court of Ld. C rugram vide judgment and decree da 135 of 2010. This shows that the land n at the time of execution of sale de berately concealed the said fact from m to execute the sale deed vasika e petitioner is by name accused in ial interrogation of the petitioner mation about the Will which was used 19141 dated 22.07.1996, for recover ng the money of the complainant, ut the modus-operandi, for obtain ersons involved in the present crime a nformation regarding the present case andem with the aforesaid rep that the petitioner has deliberat he title of the property and induc y representing that it was free fro ate counsel has emphasized that oner is necessary for effect y of the cheated amount a and other relevant documen tions and the stage of investigati yed for. for the respondent Nos.2 to in tandem with the State couns gations cannot be termed as mer ial on record prima facie disclo

was g to Civil ated d in eed. no. r is for ring for ning e." ply, ely ced om ive nts. on, o 4 sel. ely

dishonest transactio indicates petition in

¶5gone throu

¶6allegation levelled in executed t the proper to have b declared have alleg representa material c active par transactio or genera indicates opinion o treated at on public purely civ

intention and inducement f on. According to learned couns the existence of a larger c tion. Accordingly, a prayer has n hand. I have heard the learned cou ugh the available record of the c As per the material availab ns have been levelled against n the FIR, at this stage, prima fa the sale deed in favour of the com rty was free from litigation/encu been executed on the basis of m illegal and void by a compete ged that they have parted with a ations made by the petitioner collected during the course of i rticipation of the petitioner as he on and the allegations against him al in nature. The amount involve the seriousness and gravity of of this Court, the economic offe par with ordinary offences as th trust. The plea raised on behalf vil in nature does not persuade

from the very inception of sel, the nature of offence clea conspiracy which is still und been made for the dismissal of unsel for the rival parties and ha case. ble on record, indubitably, serio the petitioner. The allegatio acie disclose that the petitioner h mplainants after assuring them t umbrances. The sale deed is alleg mutations which were subsequen ent Civil Court. The complaina substantial amount on the basis and his sons. At this stage, investigation prima facie indica e is the main beneficiary of the s m cannot be brushed aside as vag ed is substantial which prima fa f the offence. In the consider ences of such magnitude cannot hey have far-reaching consequenc f of the petitioner that the dispute this Court at this stage as mer

arly der ave ous ons has hat ged ntly ants s of ates sale gue acie red be ces e is

because a monetary allegation the incep indicates substantia and his so were not c has failed deceive ex grant of primarily role attri involveme custodial anticipato

¶7from whi implicated case, the material p stage, the active par alleged a

a transaction pertains to sale a dealings would not by itself ns prima facie disclose dishones ption. The material collected d that the complainants have bee al amount on the basis of repre ons (co-accused) regarding land competent to transfer. The quest d on account of a bona fide di xisted from the very beginning i tion and cannot be conclusively anticipatory bail. At the stage required to examine the nature ibuted to the accused. The e ent of the petitioner requires interrogation of the petitioner ory bail at this stage may hamper No cause nay plausible cau ich it can be deciphered that d into the present FIR. It goes allegations against the petitione placed on record, are neither va e material collected during in rticipation and a specific role a cts of cheating and conspiracy

and purchase of land or involv take away the criminality if st inducement and deception fro during the course of investigati en allegedly induced to part with esentations made by the petition which, as per the prosecution, th tion(s) as to whether the transacti ispute or whether the intention is a matter which requires thorou adjudicated upon in a petition of anticipatory bail, the Court and gravity of accusations and exact nature and extent of s deeper investigation for wh r may be essential. The grant r the investigation. use has been shown, at this sta t the petitioner has been fals without saying that in the inst er, as emerging from the FIR a ague nor general in nature. At t nvestigation prima facie disclo attributable to the petitioner in y. The investigation is at nasc

ves om ion h a ner hey ion to ugh for t is ich of age, ely tant this ses

stage. It i of anticip individual with the accused; t impact of material o Thus, it i would ne Anil Sha Supreme

¶8offence a

is befitting to mention here that patory bail, the Court has to l rights and protecting societal in magnitude and nature of the o the need for fair and free investig f such alleged iniquities on the on record to hold that prima fac r. The material which has co tion, appear to establish a reas s not appropriate to grant antic cessarily cause impediment in arma, (1997) 7 SCC 187 : 19 Court held as under : (SCC p. 18 "6. We find force in the submissi qualitatively more elicitation-orie well-ensconced with a favourable a case like this, effective inter tremendous advantage in disinter materials which would have interrogation would elude if the protected and insulated by a pre interrogated. Very often interroga a mere ritual. The argument tha with the danger of the person b need not be countenanced, for, su accused in all criminal cases. Th police officers would conduct th would not conduct themselves as o In view of the gravity of t and the requirement of the cust

while considering a plea for gr equilibrate between safeguardi nterests. The Court ought to reck offence; the role attributed to gation as also the deeper and wid society. At this stage, there is cie case is not made out against ome on record and prelimina sonable basis for the accusatio cipatory bail to the petitioner, as effective investigation. In State 997 SCC (Cri) 1039, the Hon' 89, para 6) ion of CBI that custodial interrogation ented than questioning a suspect who e order under Section 438 of the Code rrogation of a suspected person is rring many useful informations and a been concealed. Success in s suspected person knows that he is w e-arrest bail order during the time he ation in such a condition would reduce at the custodial interrogation is frau being subjected to third-degree meth uch an argument can be advanced by he Court has to presume that responsi hemselves in task of disintering offen offenders." the allegations, the nature of todial interrogation for a fair a

rant ing kon der ary ons. s it e v. ble n is o is e. In s of also uch well e is e to ught ods y all ible

thorough milieu of

9.

(i)

(ii) of opinion

(iii)

July 20, 2 Ajay

investigation, this Court is of r does not deserve the concession the case in hand. In view of the prevenient rati The instant petition is devoid Nothing said hereinabove sh n upon merits of the case/investig Pending application(s), if any

2026

f the considered opinion that n of anticipatory bail in the fact iocination, it is ordained thus: d of merits and is hereby dismiss hall be deemed to be an expressi gation. y, shall also stand disposed off. (SUMEET GOEL)

JUDGE

ual sed.