PRATIBHA MANCHANDA Vs. STATE OF HARYANA

JUDGEMENT

(1.) Application seeking permission to file the SLP is allowed. Leave Granted.

(2.) The instant appeal arises from a judgment of the High Court of Punjab and Haryana at Chandigarh (hereinafter, 'High Court') dtd. 31/5/2022, whereby the High Court allowed the petition filed under Sec. 438 of the Code of Criminal Procedure, 1973 (hereinafter, 'Cr.P.C') and granted anticipatory bail to Respondent No. 2 in FIR No. 113 of 2022, dtd. 16/3/2022, registered at PS Badshahpur, district Gurugram, under Ss. 406, 420, 467, 468, 471 and 120­B of the Indian Penal Code, 1860 (hereinafter, 'IPC').

(3.) The abovementioned FIR was lodged by the Appellants against Respondent No. 2 and other co­accused individuals, namely, Shel Narang, Bhim Singh and Vinod. According to the contents of the FIR, the Appellants are senior citizens who were owners and had possession over the land bearing rect. No. 55, Killa No. 3/1 (7­9), 4/1 (7­13), measuring 15 Kanal 2 Marla, situated within the revenue estate 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.