Delhi High Court
Tejpal vs State & Anr. on 16 July, 2010
Author: Hima Kohli
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. No.1003/2010
Decided on 16.07.2010
IN THE MATTER OF :
TEJPAL ..... Petitioner
Through : Mr. R.P.Yadav, Mr.O.P.Panwar
and Ms.Babita, Advocates
versus
STATE & ANR. ..... Respondents
Through : Mr. M.N. Dudeja, APP for State.
CORAM
* HON'BLE MS.JUSTICE HIMA KOHLI
1. Whether Reporters of Local papers may No
be allowed to see the Judgment?
2. To be referred to the Reporter or not? No
3. Whether the judgment should be No
reported in the Digest?
HIMA KOHLI, J. (Oral)
1. The present petition is filed by the petitioner under Section
439 Cr.P.C. seeking bail in Case FIR No.333/2008 lodged by Sh.Rajpal
under Sections 420/468/467/471/34 IPC read with Section 120B IPC
registered with PS Mehrauli, New Fatehpur Beri.
2. A Status Report is handed over by the learned APP and
taken on record. As per the Status Report, the case was registered on
the complaint of one Rajpal and his brothers, wherein they narrated
that their ancestors, Sh.Sohan Kale and Kalla had 1/3rd share and
Sh.Nahtan and Sh.Nirmal were having 2/3rd share in a parcel of land
situated in village Aya Nagar. The aforesaid ancestors expired in the
years 1982-83 whereafter, the complainants came to know that the
land was mutated in the name of one Mahipal in the year 2002.
However, they claimed that they being the legal heirs, did not sell the
said land to anyone.
3. A case was registered after conducting an inquiry. In the
course of investigation, it transpired that Firey Singh, Rameshwar and
Sunil had hatched a criminal conspiracy to sell the papers of the
shared land, by forging documents. Thereafter, they executed a sale
deed dated 2.5.2002 in respect of the land in question with one
Mahpial, the nephew of the petitioner, in which the sale price was
shown as Rs.2,00,000/-. Out of the aforesaid amount, some amount
was given to one Tejpal who had a role to play in the transaction and
the remaining amount was shared between the aforesaid three
persons.
4. The Status Report notes that taking advantage of the fact
that none of the persons had any documents in respect of the shared
land, the aforesaid three persons hatched a conspiracy and forged
documents in collusion with one Brijpal and Tejpal and cheated
Mahipal to the tune of Rs.2,00,000/-. It is further stated that the
aforesaid documents have been taken into possession, except for the
original forged GPA executed by the Bhumidars in favour of Brijpal,
which is stated to be in possession of Rameshwar and Sunil. The
charge sheet against Tejpal, Brijpal and Firey Singh has been filed in
the court on 14.4.2010 and thereafter, Rameshwar and Sunil were
granted interim bail till 30.8.2010.
5. The present petition is not seriously opposed by the learned
APP for State, subject to the petitioner co-operating with the
investigating authorities as and when required.
6. In view of the fact that a challan has already been filed and
documents have been recovered and the petitioner is in judicial
custody since 05.04.2010, the petitioner is admitted to bail, subject to
his furnishing a personal bond in the sum of Rs.25,000/- with one
surety in the like amount to the satisfaction of the trial court. The
petitioner shall render all necessary assistance to the IO, as and when
called upon to appear before him.
The petition is disposed of.
DASTI.
HIMA KOHLI,J
JULY 16, 2010
mk
