Judgment on the case’s merits; instead, the trial court should decide the case based on the evidence -Observed by the Punjab High court
TITLE: Vikas v State of Haryana
Decided On-: June 16, 2023
CRM-M-30321-2023 (O&M)
CORAM: Hon’ble Justice Mr. Vinod S. Bhardwaj
INTRODUCTION- According to Section 439 of the Code of Criminal Procedure, the present petition has been submitted for the issuance of regular bail in connection with charges under the Indian Penal Code. [409, 418, 420, 466, 467, 468, 471, 477-A, 120-B]
FACTS OF THE CASE-
On the basis of information/a report obtained from the Chief Secretary’s office in Haryana and the Director General of Police’s office in the Anti-Corruption Bureau in Haryana, a case was opened. It was alleged that, in accordance with the rules and regulations of the revenue department, different stamp duties had been set forth for the registration of sale deeds for industrial, commercial, and residential plots. Sale deeds are being registered online in accordance with the State Government’s new policy so that the accurate prices of the properties and the stamp duty thereon can be determined. In Rajendra Park, Gurugram, Ravinder Singh, Director of M/s Nippon Steering & Suspension Pvt. Ltd., owned an industrial plot measuring 2 Bigha 19 Biswa 16 Biswansi. This plot was registered under property ID number 106C100U52 with the Municipal Corporation of Gurugram, and according to the Collector Rate, it was valued at Rs. 40,03,39,800/- under the industrial plot category, with a stamp duty. The industrial plot category cost Rs. 40,03,39,800 and the stamp duty was Rs. 2,80,23,786. Said Harish Kumar, Director of M/s Janghu Real Estate Private Ltd, Gurugram, purchased the aforementioned land measuring 2 Bigha 19 Biswa 16 Biswansi from said Ravinder Singh, Director, M/s Nippon Steering & Suspension Pvt. Ltd. for a sale consideration of Rs. 8 crores and paid stamp duty of Rs. 56 lacs showing the land under category of agricultural land via registered sale deed no. 9235 dated
The land was shown to Gair Mumkin according to the revenue records. such that. In a criminal conspiracy, Ravinder Singh, Harish Kumar, and Tehsildar Darpan Singh Kamboj collectively cost the State Rs. 2,24,23,786 in lost stamp duty. In addition, it is claimed that authorization to register the sale deed manually rather than online was given via letter from the office of the Deputy Commissioner, Gurugram, dated 7.01.2022. When plots were cut into the disputed land after it had been falsely classified as “mixed use” and shown to have “approved” status, the Municipal Corporation of Gurugram was accused of conspiring with these individuals and stealing a significant amount of money.
COURT ANALYSIS AND DECISION
The petitioner’s proficient attorney claims that the petitioner had no involvement in the crime’s commission. According to the case presented by the investigating agency, the co-accused Chiranji Lal is alleged to have contacted Pankaj, who then contacted Shiv Mehra, who then contacted the petitioner. Samar Kapoor, an employee of the Municipal Corporation, is alleged to have changed the property’s description in the property I.D. database in exchange for payment. He contends that the petitioner was held in custody for a longer period of time than those who received regular bail. Further, he contends that the petitioner, Samar Kapoor, who made the necessary change, is at best just a conduit between the beneficiaries. The state’s attorney objected to the petitioner’s request and claims that the petitioner was the key player in changing the property I.D. database, which cost the state exchequer more than Rs. 2.24 crores. Additionally, it is undeniable that the Municipal Corporation employee who made the change to the property I.D. database has already been given an interim bail
The court held it is appropriate to grant the present petition in light of the fact that other suspects in a comparable situation have already been granted the concession of bail, the suspect accused of making the final changes to the property I.D. database is already free on interim bail, the investigation in the case is already complete, and there is nothing more to be recouped from the petitioner.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Steffi Desousa