Kashmir Chand vs State of Haryana

K.C. Puri, J.—Kashmir Chand son of Shri Pal Ram resident of village Dhurala, District Kurukshetra, has applied for grant of regular bail in

FIR No. 72 dated 28.10.2012 under Sections 419 /420 /465 /467 /468 /471 /506 /120-B of the Indian Penal Code registered at Police Station

Jhansa, District Kurukshetra. As per allegations of the prosecution, Des Raj died about 40 years back. Mulakh Raj-husband of Amro Devi and

Kashmir Chand (present appellant) close friend of Mulakh Raj have entered into conspiracy and got executed the sale deed No. 3687/1 regarding

land of Des Raj. Kajlu is stated to be the real brother of Mulakh Raj.

Learned counsel for the petitioner has submitted that petitioner is in custody for the last so many months and Amro Devi beneficiary and Kajlu

who appeared as Des Raj, have been allowed the concession of bail.

On the other hand, learned State counsel has opposed the prayer and has submitted that petitioner is accused in other two cases bearing FIR

No. 138 dated 10.05.2008 under Sections 406 /420 /468 /471 /506 /467 /120-B of the Indian Penal Code registered at Police Station Sadar,

District Kurukshetra and FIR No. 795 dated 02.11.2011 under Sections 420 /467 /468 /471 /120-B of the Indian Penal Code registered at

Police Station Civil Lines, Karnal, with the similar allegations. The petitioner is not entitled to concession of bail.

However, learned counsel for the petitioner has submitted that petitioner is on bail in those two cases and even in one case anticipatory bail has

been allowed.

I have considered the submissions made by both the sides and have gone through the records of the case.

The main beneficiary of the sale deed, as well as, the person who has been impersonated as Des Raj, is stated to have been released on bail.

The case is triable by Magistrate and the petitioner is in custody for the last five months.

So on the ground of parity, the petition stands accepted. Petitioner Kashmir Chand is ordered to be released on bail on his furnishing bail bonds

to the satisfaction of trial Court.

As per allegations, the petitioner is accused in three cases i.e.:-

FIR No. 72 dated 28.10.2012 under Sections 419 /420 /465 /467 /468 /471 /506 /120-B IPC registered at Police Station Jhansa, District

Kurukshetra.

FIR No. 138 dated 10.05.2008 under Sections 406 /420 /468 /471 /506 /467 /120-B of the Indian Penal Code registered at Police Station

Sadar, District Kurukshetra.

FIR No. 795 dated 02.11.2011 under Sections 420 /467 /468 /471 /120-B of the Indian Penal Code registered at Police Station Civil Lines,

Karnal.

So, the copy of this order be sent to the Collector, Kurukshetra, to find out the feasibility of continuation of Kashmir Chand (present petitioner)

as Lambardar. However, any action, if required, against the petitioner is ordered to be taken in accordance with law, after following due

procedure.