THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.12779 of 2025

ORDER:

This Criminal Petition is filed for grant of pre-arrest bail to the petitioners who are arrayed as accused Nos.3 and 4 in FIR No.280/2024 before the Chaderghat Police Station, pending on the file of the IV Additional Metropolitan Sessions Judge, at Nampally.

2. The brief facts of the case are that the de-facto complainant, lodged a report before the police stating that he is the absolute owner and peaceful possessor of six plots purchased through registered sale deeds bearing document Nos.1128 and 3868 of 2015. Accused No.1, who resides in the locality of the complainant, approached him claiming to be a real estate broker and offered to help him in selling the plots. Over the following weeks, he gained the trust of the complainant and frequently visited his home. Taking advantage of the vulnerable conditions of the complainant i.e., being a senior citizen recovering from heart surgery, accused No.1 allegedly stole original property documents, ID proofs, and other personal papers from his residence. When questioned, the accused denied any involvement. A missing document report was filed, but the police were unable to trace the originals. Later, while preparing to sell the property using certified copies, the complainant discovered that the plots had already been sold by accused No.1 to accused No.2 through forged Special Power of Attorney (SPA) documents. Upon obtaining certified copies of SPA documents from SRO Azampura, the complainant found that the executant was an impersonator who forged his signature, thumb impression, and photograph. The fraudulent SPA was executed in the presence of the petitioners. Based on this said complaint, Police registered a case vide Crime No.280/2024, for the offences punishable under Sections 305, 338, 340(2), 319(2) read with Section 3(5) of the Bharatiya Nyaya Sanhita (for short, ‘BNS’).

3. Heard Ms. Shahana Parveen, learned counsel for petitioners, and Sri Syed Yasar Mamoon, learned Additional Public Prosecutor appearing on behalf of the respondent - State.

4. Learned counsel for the petitioners submitted that the petitioners have been falsely and unnecessarily implicated in the present case. She contended that as per the FIR and the material on record, their only alleged involvement is that they stood as attesting witnesses during the registration of the purported fraudulent Special Power of Attorney (SPA) at the Sub-

Registrar Office, Azampura. She asserted that the petitioners are completely innocent and had no role in any forgery, impersonation, or criminal conspiracy. She averred that accused No.1, taking advantage of his prior acquaintance with the petitioners, coerced them into accompanying him under the pretext of routine registration work and offered Rs.5,000/- each, claiming he required witnesses for a standard real estate transaction. She lamented that at no point were the petitioners informed that the transaction involved impersonation or forged documents, and they were led to believe that the executant of the SPA was the lawful owner and that the registration was legitimate. She strongly averred that the petitioners had never met the complainant prior to the incident and were unaware of the nature and legal implications of the documents they attested. Therefore, she prayed the Court to grant pre-arrest bail to the petitioners by allowing this criminal petition.

5. On the other hand, learned Additional Public Prosecutor vehemently opposed the submissions made by the learned counsel for the petitioners, stating that the allegations against the petitioners are of a serious nature, involving criminal conspiracy and active participation in the impersonation and forgery of property documents. It was submitted that the petitioners, in collusion with Accused No.1, played a role in the fraudulent execution of documents, thereby facilitating the illegal transfer of valuable immovable properties. Therefore, prayed