PRATIBHA MANCHANDA & ANR versus STATE OF HARYANA & ANR

PRATIBHA MANCHANDA & ANR versus STATE OF HARYANA & ANR

High Court order granting anticipatory bail was set aside because there is overwhelming prima facie evidence raising suspicion of forgery, fabrication and collusion involving the 1996 GPA and 2022 sale deed; custodial interrogation of Respondent No.2 and other suspects is necessary and a thorough investigation (via an SIT) must be permitted without the protective umbrella of pre-arrest bail.

Parties
Appellants: PRATIBHA MANCHANDA & ANR.; Respondents: STATE OF HARYANA & ANR.
Jurisdiction
India
Judgment Date
07 July 2023
Procedural Posture
Criminal Appeal / Appeal to the Supreme Court Against High Court Order Dated 31.05.2022 Granting Anticipatory Bail Under Section 438 Cr.p.c.
Outcome
Appeal allowed; High Court order granting anticipatory bail set aside.
Legal Topics
Anticipatory Bail, Custodial Interrogation, Forgery, Land Transaction Fraud, Investigation, Verification of Registration Documents
Criminal Procedure Criminal Law Property Law Anticipatory Bail Custodial Interrogation Forgery Land Transaction Fraud Investigation +1 more

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Parties

PRATIBHA MANCHANDA & ANR.

Appellants

STATE OF HARYANA & ANR.

Respondents

Procedural Posture

Criminal Appeal / Appeal to the Supreme Court Against High Court Order Dated 31.05.2022 Granting Anticipatory Bail Under Section 438 Cr.p.c.

Legal Issues

  1. 1 Whether anticipatory bail should have been granted to Respondent No.2
  2. 2 Whether there is prima facie evidence of forgery/fabrication of the 1996 GPA and the 2022 sale deed
  3. 3 Whether custodial interrogation of Respondent No.2 and other suspects is necessary for a fair investigation

Ratio Decidendi

High Court order granting anticipatory bail was set aside because there is overwhelming prima facie evidence raising suspicion of forgery, fabrication and collusion involving the 1996 GPA and 2022 sale deed; custodial interrogation of Respondent No.2 and other suspects is necessary and a thorough investigation (via an SIT) must be permitted without the protective umbrella of pre-arrest bail.

Court Disposition

Appeal allowed; High Court order granting anticipatory bail set aside.

Orders

  • Impugned High Court order dated 31.05.2022 granting anticipatory bail to Respondent No.2 is set aside.
  • Commissioner of Police, Gurugram directed to constitute a Special Investigation Team (SIT) headed by an officer not below the rank of Dy. Superintendent of Police with two Inspectors as members; SIT to take over the investigation forthwith.