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TMI Blog2023 (7) TMI 1366X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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. The 2nd 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 occasions, is conspicuous by its absence. A certified copy of this GPA is said to have been relied upon to execute the disputed sale deed. It is difficult 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate 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 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 Sub-Registrar Kadipur, District Gurugram and was executed by Respondent No. 2. The execution in question was based on yet another, purportedly, forged and fab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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 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 pre-arrest bail may not disclose all the relevant facts under questioning, due to the safeguard provided Under Section 438 of the Code of Criminal Procedure. Custodial interrogation of Respondent No. 2 was necessary for a thorough investigation, 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. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ears 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 used by Appellant No. 2 during the period between 1990-2000 are dissimilar, unalike and non-identical 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. 15. Shri Maninder Singh, learned Senior Counsel representing Respondent No. 2, vigorously defended High Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ia v. State of Punjab (1980) 2 SCC 565 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 18. In Sushila Aggarwal v. State (NCT of Delhi) (2018) 7 SCC 731, the Constitution Bench reaffirmed that when considering applications for anticipatory bail, courts should consider factors such as the nature and grav ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 incongruous 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 2nd 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 occasions, 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly 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 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 encumbrance-free status. Organized criminal networks often plan and execute these intricate scams, exploiting vulne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elhi. Hence, the conduct of the officials of Sub-Registrar Office, Kalkaji, New Delhi is also required to be examined to take the investigation to its logical conclusion. 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 31st May, 2022 passed by the High Court granting pre-arrest 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 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/ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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