“Detainee Awaited At Home For Diwali”: Punjab & Haryana HC Grants Bail To Mother-Son Duo Allegedly Illegally Detained In Fraud Case

The Punjab & Haryana High Court has granted bail in an alleged fraud case where a mother and son was allegedly illegally detained.

The court added that the plea was preponed to October 31st, considering the fact that due the festival of Diwali, the presence of the accused at their home was awaited. 

It was alleged that a sitting AIG is relative of the complainant and the police party, who is hand in glove with the complainant's family converted the civil dispute into criminal matter.

Justice Sanjay Vashisth said, "Prima facie the contention raised by the counsel for the petitioner through present petition seems to be more probable and if truly so, undoubtedly, undue harassment has already been caused to the detenues by the police. However, same is still under examination before the Court."

The complaint was filed alleging that the detainee Meena Rani, proprietor of firm namely M/s Manmohan Enterprises has taken two godowns on lease from complainant Tejinder Kaur  situated in Ludhiana. The Possession with the detenue is said to be on the basis of admitted lease-deed dated 20.11.2019, which came into force w.e.f. 01.12.2019 for five years, and additional lease-deed dated 29.05.2023. 

Counsel for the petitioner contended that execution of first lease-deed by the complainant is not disputed. However, the second lease-deed dated 29.05.2023 has been disputed by the complainant.

It was alleged that an FIR was lodged on October 24, to harass the detained persons under Sections 420, 465, 467, 468, 471, 120-B, 427 of IPC.

Counsel for the petitioner also contended that there was a constant pressure from the police to hand over the original additional lease- deed dated 29.05.2023 in the police station and despite repeated requests for issuance of formal notice in regard to the demand of the original lease-deed, such requests were flatly refused and never any notice was received.

Petitioner and detenues got apprehensive that in case, the said lease-deed is handed-over to the police, same would either be destroyed or would be tampered with.

After hearing the submissions, the Court asked the SHO as to where the complainant is and why she is not present before this Court, he replied that complainant – Tejinder Kaur, is residing in the United States of America (USA) and the FIR has been lodged on account of her complaints dated 04.04.2024 and 15.05.2024.

"No plausible and satisfactory explanation has been given by Mr. Gurdial Singh, SI/SHO that once version of the complainant for committing the criminal offence was available with the police, why no action was taken immediately by the police on the complaints dated 04.04.2024 and 15.05.2024 itself, when even complainant herself was present in the Country at the relevant time," the Court said.

Justice Vashishth highlighted that why suddenly after submission of report by the police before the Illaqa Magistrate, criminal case has been registered now, despite there being no immediate complaint or reminder by the complainant and also, she being not present in the country.

The judge said, "To explain all this, no satisfactory explanation has been given by either Dr. Dharminder Singh Lamba, DAG, Punjab or Mr. Gurdial Singh, SI/SHO, who is also present in the Court."

In the light of the above, the Court while exercising the the inherent jurisdiction under Section 528 of BNSS, 2023, read with constitutional mandate and considering that there is no allegation of involvement of the detenues in any other criminal case, the Court granted bail to mother-son duo.

The Court listed the matter for November 25, for further examination of the contents of the allegations mentioned in the petition and in specific, the role of the police officials.

"Meanwhile, it will be open for the Director General of Police, Punjab, to get an independent inquiry conducted qua the alleged role of police in the matter in accordance with law, and on doing so, let a report be submitted before this Court on the next date of hearing," the judge added.

Title: MANGAL KUMAR DAWAR V/S STATE OF PUNJAB AND ORS

Citation: 2024 LiveLaw (PH) 319

Mr. Lajwant Singh Virk, Advocate, for the petitioner.

Dr. Dharminder Singh Lamba, DAG, Punjab.

 Click here to read/download the order