Delhi High Court
Mohd Salauddin vs State on 11 August, 2023
$~38
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Decided on:11.08.2023
+ BAIL APPLN. 2667/2023
MOHD SALAUDDIN ..... Petitioner
Through: Counsel (appearance not given).
versus
STATE ..... Respondent
Through: Mr. Raghuvinder Varma, APP
for the State with SI Ashish,
P.S. Dabri, Delhi
Mr. R.H. Jain and Mr. Anshya
Chandra, Advocates for
complainant
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
JUDGMENT
SWARANA KANTA SHARMA, J.(ORAL)
CRL.M.A. 21492/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
BAIL APPLN. 2667/2023
3. The instant application under Section 438 of the Code of
Criminal Procedure, 1973 („Cr.P.C.‟) has been filed on behalf of
applicant seeking grant of anticipatory bail in case FIR bearing no.
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:16.08.2023
15:55:32
180/2023 registered at Police Station Dabri, New Delhi for offence
punishable under Sections 420/468/471/120B/34 of Indian Penal
Code, 1860 („IPC‟).
4. Issue notice. Mr. Raghuvinder Varma, learned APP accepts
notice on behalf of the State.
5. Briefly stated, the facts of the present case are that in this case
the FIR was registered on the complaint of one Anita Jain, wherein
she had stated that she along with Shalu Jain was in possession of
property bearing no. 33A out of Khasra No. 19/5/1, Chanakya Place,
Part-1, Bock A-1-A, New Delhi. It was stated that the complainant
had purchased the said property from one Basima on 30.05.2018. On
10.01.2023, concerned bank official had visited the suit property along
with a receiver for taking over the physical possession of the said
property, and complainant had come to know about the execution
decree/order dated 02.03.2021 passed by learned Chief Metropolitan
Magistrate, Dwarka, New Delhi and that Karnataka Bank had
sanctioned and reimbursed a loan of Rs. 2 crores in the name of the
husband of Basima i.e. the present accused/applicant Sallaudin on the
said property and one other property. During investigation, it was
discovered that Sallaudin had mortgaged the said property in collusion
with others and had showed that his father Phool Hussain had died
before 08.06.2016 whereas he had died on 20.10.2021. Thereafter,
wife of the accused/applicant had sold the said property to the
complainants.
6. Learned counsel for the applicant argues that there are chances
of compromise in the present case and there is nothing on record to
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:16.08.2023
15:55:32
suggest that the accused/applicant has committed the alleged offence.
It is also argued that a civil litigation is pending in connection with
some of the issues of this case, and no useful purpose will be served
by sending the accused/applicant to the judicial custody, therefore,
bail be granted to the applicant.
7. Per Contra, learned APP for the State submits that there are
serious allegations of forgery of documents against the applicant,
therefore, bail be rejected as his custodial interrogation will be
required.
8. I have heard arguments advanced on behalf of both sides and
have perused material available on record.
9. In the present case, the allegations against the applicant, in a
nutshell are that he had mortgaged the property in dispute using forged
documents to Karnataka Bank, and thereafter he had sold it to the
complainants, through his wife.
10. In this Court‟s opinion, further investigation is required to be
conducted as the accused/applicant herein had told the investigating
officer that his father had died 25 years back whereas he had passed
away on 20.10.2021 due to some ailment. It was on the basis of the
fake death certificate of his father, that the applicant had mortgaged
the property in dispute. It is noted that the alleged documents are
without any witnesses. Further, as per the statement of applicant‟s
sister he taken her to sign some documents saying that he is making a
new Aadhar card, and had actually obtained her signature on the
relinquishment deed. The applicant had also misinformed the IO that
his mother had passed away, whereas, during investigation, it was
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Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:16.08.2023
15:55:32
found that his mother is alive and living with her other son Saiful. The
applicant had also lied about the legal heirs and it was revealed during
investigation that the father of the present applicant had ten children
out of which one son had passed away.
11. This Court also notes that the applicant had taken a loan of Rs 2
crore on the property in dispute and another property using forged
documents, and had defaulted on the loan. The applicant had sold the
said property to the complainant, and thereafter the Bank had taken the
possession of the property mortgaged by the present accused/applicant
on the basis of the forged documents, which was in the possession of
the complainant.
12. While hearing an appeal against the grant of anticipatory bail in
a case involving offences under Sections 406, 420, 467, 468, 471 and
120B of IPC, the Hon‟ble Apex Court in Pratibha Manchanda v.
State of Haryana 2023 SCC OnLine SC 785 had observed as under:
"16. It goes without saying that the alleged offences of forging
documents for transferring ownership of land worth crores of
rupees are grave in nature. Hence, while it is extremely
important to protect the personal liberty of a person, it is
equally incumbent upon us to analyze the seriousness of the
offence and determine if there is a need for custodial
interrogation.
***
19. The relief of Anticipatory Bail is aimed at safeguarding
individual rights. While it serves as a crucial tool to prevent the
misuse of the power of arrest and protects innocent individuals
from harassment, it also presents challenges in maintaining a
delicate balance between individual rights and the interests of
justice. The tight rope we must walk lies in striking a balance
between safeguarding individual rights and protecting public
interest. While the right to liberty and presumption of
innocence are vital, the court must also consider the gravity of
the offence, the impact on society, and the need for a fair and
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By:ZEENAT PRAVEEN
Signing Date:16.08.2023
15:55:32
free investigation. The court's discretion in weighing these
interests in the facts and circumstances of each individual case
becomes crucial to ensure a just outcome.
***
28... The facts of the case speak for themselves and an element
of criminality cannot be ruled out at this stage. Whether or not
the alleged offences were committed by Respondent No. 2 and
his co-accused in active collusion with each other can be
effectively determined by a free, fair, unhampered and
dispassionate investigation. In the peculiar facts and
circumstances of this case, custodial interrogation of not only
Respondent No. 2 but all other suspects is, therefore,
imperative to unearth the truth. Joining the investigation with a
protective umbrella provided by pre-arrest bail will render the
exercise of eliciting the truth ineffective in such like case... "
13. Considering the overall facts and circumstances of the case and
the fact that the applicant needs to be confronted with documents as
well as witnesses, and the allegations levelled against him are serious
in nature of forgery and misdirecting investigation, therefore, no
ground for grant of anticipatory bail is made out.
14. Accordingly, the present application stands dismissed.
15. It is, however, clarified that nothing expressed hereinabove
shall tantamount to an expression of opinion on merits of the case.
16. The judgment be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J
AUGUST 11, 2023/ns
Signature Not Verified
Digitally Signed
By:ZEENAT PRAVEEN
Signing Date:16.08.2023
15:55:32
