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The Punjab and Haryana High Court has granted interim bail to 78-year-old Kashmir Singh Pathania, an elected member of the Aparna Ashram Society, in the high-profile land fraud case involving a property once owned by yoga guru Dhirendra Brahmachari. The court cited Pathania’s deteriorating health, including suspected lung cancer with possible brain spread, as grounds for the six-week relief.
The order was passed on Monday by Justice Alok Jain, who noted that the petitioner required urgent medical procedures, including a bronchoscope-guided biopsy, which could not be conducted in jail. Pathania, who was arrested on March 30, 2024, has been directed to surrender by 5 pm on July 14. His medical report is to be submitted on July 7, when the matter will be taken up again for possible extension of bail.
“A perusal of the above clearly demonstrates that the petitioner is suffering from carcinoma lung with suspected brain metastasis — which in layman’s terms is the spread of cancerous cells from the lungs to the brain,” the court observed.
The interim bail was granted after a report submitted by the superintendent of Gurgaon district jail confirmed the need for specialised treatment beyond what the prison hospital could provide. Pathania was represented by senior advocate Bipan Ghai along with advocates Brajesh Kumar Ghai and Nikhil Ghai. The state, represented by Deputy Advocate-General Gaurav Bansal, did not oppose the plea in view of Pathania’s condition.
It was on June 2, 2024, that an FIR was registered at the sector 40 police station, Gurgaon, accusing Pathania and others, including Subhash Dutt and Radox Tradex Pvt Ltd, of fraudulently executing a sale deed for 192 kanal 16 marla of land on December 24, 2020. The land was originally purchased by Brahmachari for his Aparna Ashram, where he ran a yoga centre.
According to the complaint, the sale was carried out even after the then deputy commissioner, Amit Khatri, withdrew permission. The transaction involved 29 cheques totalling Rs 55 crore.
Pathania and his co-accused argued that the sale was legal and backed by a society resolution dated December 17, 2020, and an order by the Registrar of Societies on December 4, 2020, recognising Pathania’s authority. They claimed that the FIR stemmed from a property dispute being wrongly framed as criminal misconduct and alleged that individuals like Laxman Chaudhury were attempting to take over the society.
Legal proceedings before the Delhi High Court and a dismissed contempt plea in the Punjab and Haryana High Court had previously upheld the society’s decisions, strengthening Pathania’s defence. However, multiple lower courts denied him bail, citing the seriousness of the allegations.
Pathania, who also underwent a hip replacement, has reportedly been in poor health since his arrest. His legal team pressed for medical relief, which the court has allowed.
The case will next be heard on July 7, when the court will review Pathania’s medical condition to decide on further relief.
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