In CRM-M-55613-2022(O & M)-PUNJ HC- P&H HC grants regular bail to man accused of selling land of Green Estate and HRE Plot Holders Association without authorisation & citing fake proposal
Justice Jasjit Singh Bedi [14-02-2023]

Read Order: Sanjay Punj v. State of Haryana

Monika Rahar 

Chandigarh, February 20, 2023: The Punjab and Haryana High Court has granted regular bail to the petitioner who was accused of selling land of Green Estate and HRE Plot Holders Association citing the fake proposal.  

Essentially, in this case before the Bench of Justice Jasjit Singh Bedi, a cashier and committee member of Green Estate and HRE Plot Holders Association, filed a complaint stating that in the revenue estate of Ismailpur and Agwanpur of District Faridabad, there was 135 acres of land registered in the name of the Association and some land was on lease hold. There was no provision to sell the land of the Association in the Byelaws of Association. 

Sanjay Punj (the petitioner) was not the president of the Association, but of Naveen Co-operative House Building Society from 2016 to 2021. Green Estate and HRE Plot Holders Association had authorised Naveen Co-operative House Building Society to take care of and develop the land, however, no right was given to sell the land. 

The complainant argued that Sanjay Punj-petitioner had sold the land to many people on the basis of agreement by showing a fake proposal to sell 2 acres of land passed in the general body meeting of the Green Estate and HRE Plot Holders Association.  The complainant added that citing the fake proposal, the land of the society was sold to many persons on the basis of agreements by Sanjay Punj. 

In that regard an FIR was registered against the petitioner which was pending adjudication in court. Similarly, another FIR stood registered against the petitioner at P.S. Palla, District Faridabad for selling land of the association fraudulently. This case was also pending in the court. 

The petitioner in collusion with his friends Lal Ji Shrivastava and S.B.L. Verma had sold 2 Kanal 2 Marlas of land of the Association in the revenue estate of village Ismailpur to Rajesh Kumar Jain son of Late Sh. Kamta Prasad Jain for a sum of Rs. 65 lacs through an agreement. Based on the aforementioned allegations, the present FIR came to be registered.

After hearing the parties, the Court observed that undoubtedly, the petitioner had criminal antecedents, however, in the said cases, which were triable by the Court of a Magistrate, he was granted the concession of bail. The Court added that the veracity of the allegations against the petitioner in the present case shall be established during the course of a Trial.

It was further observed that the petitioner was in custody since October 12, 2022 and none of the 09 prosecution witnesses were examined so far, therefore, it was held that the Trial of the present case was not likely to be concluded anytime soon. 

Allowing the present petition, the petitioner was ordered to be released on bail to the satisfaction of the Trial Court/Duty Magistrate concerned.