VidhiSangh

Supreme Court of India · 07/07/2023

PRATIBHA MANCHANDA & ANR versus STATE OF HARYANA & ANR

[2023] 10 S.C.R. 411 · 2023 INSC 612

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Summary

The Court set aside anticipatory bail in an alleged land-transfer fraud against elderly absentee owners, finding that material circumstances warranted unrestricted investigation and custodial questioning according to law. Civil suits did not prevent investigation of alleged forgery. A specially constituted police team was directed to complete investigation within two months; all observations on culpability remained preliminary.

Issues

  1. Whether anticipatory bail had been properly granted despite unresolved circumstances suggesting forged authority and a coordinated land transaction.
  2. Whether pending civil suits restricted criminal investigation, and what directions were needed for a fair inquiry.

Provisions considered

Held

Result

Appeal allowed; respondent’s anticipatory-bail order set aside. SIT investigation ordered with a two-month outer limit, personal monitoring by Gurugram Police Commissioner and Delhi authorities’ cooperation; merits left undecided.

Judgment PDF: Supreme Court of India, [2023] 10 S.C.R. 411.