KISHAN CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition under Section 438 Cr.P.C. seeking pre-arrest bail in a case registered against the petitioner under Section 10 (1) of the Haryana Development and Regulation of Urban Areas Act, 1975 at Police Station Sadar, District Karnal, vide FIR No. 93 dated 9th February, 2012. Learned counsel for the petitioner has argued that there is evidence to show that petitioner had developed an unauthorized colony for residential/commercial purposes. Possibility of his false implication cannot be ruled out merely because some temporary path has been carved out for ingress and outgress from land in question. This case has been foisted upon the petitioner. He is, thus, entitled to concession of pre-arrest bail.

(2.) Learned State counsel has opposed the prayer. He has submitted that petitioner in connivance with some property dealers, have carved out a colony and sold plots on the basis of general power of attorney and full payment agreement. This is despite the fact that registration of sale deeds pertaining to said area had been prohibited by the administration. According to him, the investigating officer accompanied by a Junior Engineer had visited the site and photographs were also taken. Same clearly show that petitioner had constructed roads and divided the agricultural land to convert the same in residential plots. He has referred to affidavit of S.I. Sube Singh, Police Station Sadar, Karnal in this regard. According to him, a perusal of the photographs, which are on record, would clearly show that petitioner intended to develop an unauthorized colony.

(3.) I have heard learned counsel for the parties and given careful thought to the facts of the case.