IN THE HIGH COURT OF DELHI AT NEW DELHI
VIPIN SANGHI, J.
Smt. Ramesh Kumari - Petitioner
Versus
State of NCT of Delhi - Respondent
Bail Appln. 626 of 2015
Decided On : 25-07-2016
Forgery - Land Fraud - IPC 419, 420, 467, 468, 471, 120B - Summary of Acts and Sections: The court discussed the allegations of forgery and fraud under IPC sections 419, 420, 467, 468, 471, 120B. The court highlighted the prima facie establishment of forgery and fabrication of documents, the involvement of the applicant in the fraudulent transfer of lands, and the need for custodial interrogation to complete the investigation.
Fact of the Case:
The case involved allegations of forgery and fraud in the transfer of agricultural land. The complainant alleged that his land was fraudulently sold to the applicant's late husband through forged and fraudulent documents. The applicant, a 65-year-old lady, was managing a school and was associated with the said school for the past 25 years. The investigation revealed an elaborate conspiracy through active connivance of the accused to grab the property of the complainant by preparing forged documents.
Finding of the Court:
The court found that the allegations of forgery and fraud were weighty and serious, and the custodial presence and availability of the accused were necessary to complete the investigation. The court dismissed the applicant's plea for anticipatory bail, emphasizing the need for custodial interrogation to unearth the complete truth relating to the conspiracy, fraud, and forgery alleged in the case.
Issues: The main issues revolved around the allegations of forgery and fraud in the transfer of agricultural land, the involvement of the applicant in the fraudulent transfer, and the need for custodial interrogation to complete the investigation.
Ratio Decidendi: The court's decision was based on the gravity of the allegations, the need for custodial interrogation to unearth the complete truth relating to the conspiracy, fraud, and forgery alleged in the case, and the adverse impact of granting anticipatory bail on the investigation.
Final Decision: The court dismissed the applicant's plea for anticipatory bail, emphasizing the need for custodial interrogation to complete the investigation and unearth the complete truth relating to the conspiracy, fraud, and forgery alleged in the case.
Vipin Sanghi, J.
1. This application under section 438 Cr PC has been filed by the applicant Smt. Ramesh Kumari Bhardwaj to seek anticipatory bail apprehending arrest in case FIR No. 33/2014 registered with PS-EOW, Mandir Marg, New Delhi under section 419, 420, 467, 468, 471, 120B IPC. The applicant states that she is a 65 years old lady and is managing a school with approximately 2000 children and 80 staff members. She is associated with the said school for the past 25 years i.e. from its inception. The applicant has respect and roots in the society, and she has joined the investigation as and when called upon to do so in the aforesaid case.
The background facts
2. One Inder Singh Bindra, aged 76 years living in New York, USA got the FIR in question registered against one Jaswant Singh Bhullar (JS Bhullar), who is now dead, against the late husband of the applicant Deepak Bhardwaj and a few others, including the petitioner - who was shown as accused no.8 in her capacity as shareholder and director of a company, namely, Delhi Apartments Pvt. Ltd.
3. The case of the complainant was that he had purchased approximately 33 bigas 9 biswas of agricultural land situated in village Samalkha, Tehsil Mehrauli, New Delhi vide three sale deeds. The same were executed in favour of the complainant through JS Bhullar, who was holding a General Power of Attorney (GPA) on behalf of the sellers. The complainant’s other friends, also living in USA, also purchased contiguous lands in the same area through JS Bhullar. The complainant claimed that over the years, JS Bhullar gained his confidence, and introduced Deepak Bhardwaj to him as a nice person, who also owned lands in the vicinity. The complainant was told that Deepak Bhardwaj was an influential person and that he would look after the complainants land and ensure that the same is not trespassed. Like the complainant’s other friends, the complainant too allowed Deepak Bhardwaj to look after his land while the complainant was overseas. He claimed that Deepak Bhardwaj was looking after the land as a caretaker, since he had won over the trust of the complainant and his friends, who had similarly purchased contiguous lands.
4. The complainant claimed that he came to know in July 2013 of a fraud played upon him. He claimed that he learnt from Dr. Amarjeet Singh – who had purchased contiguous lands, that Dr. Amarjeet Singh, the complainant and others had been defrauded. Their lands had been fraudulently sold to Deepak Bhardwaj through forged and fraudulent documents, and that the family of Deepak Bhardwaj and their accomplice are claiming to be owners of the said lands including that of the complainant.
5. The complainant stated that he learnt that late JS Bhullar along with other accused had forged his signatures on a GPA allegedly executed by the complainant at Chandigarh on 24.07.1987. He claimed that he neither signed the GPA in favour of JS Bhullar, nor was he in Chandigarh on 24.07.1987. He did not even remember having come to India in July 1987 and, in any case, he never went to Chandigarh in July 1987. He stated that somebody impersonated him, and his signatures were forged on the GPA dated 24.07.1987 on the strength of which JS Bhullar sought to transfer the lands to Deepak Bhardwaj. He never lived on the address, nor any of his relatives stay or stayed at the address mentioned in the GPA as his address. He also stated that before forging the said GPA, Deepak Bhardwaj and others of SRA Farms on 23.07.1987 also got confirmed from the registering authority that there was no contravention of Section 8 of the Delhi Land (Restriction) Act, 1972 in respect of his land. This was done without the signature of the complainant on the declaration form, as was required under the Delhi Land Reforms Act, 1954. By using the forged GPA, JS Bhullar acted as the vendor of the complainants land, and collusively executed sale deeds dated 16.09.1988, registered on 30.09.1988, in favour of Deepak Bhardwaj a
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.