LAWS(CHH)-2012-9-59

NAND RAM YADAV Vs. STATE OF C.G.

Decided On September 27, 2012
Nand Ram Yadav Appellant
V/S
STATE OF C.G. Respondents

JUDGEMENT

(1.) Apprehending arrest in connection with Crime No. 785/2012 registered at Police Station Kotwali, Korba Distt. Korba (C.G.), for the offence punishable u/ss 420, 468, 471, 120-B /34 of IPC the applicant has filed this application u/s 438 of the Code of Criminal Procedure for grant of anticipatory bail. One Purushottam lodged a complaint before the Collector, Korba that the accused persons have committed forgery by concoction of document after entering into criminal conspiracy to defraud him inasmuch as the sellers have illegally included their names as co-sharers/co-owners in the revenue record and executed the sale deed in favour of purchaser Shivam Pandey, son of Devendra Pandey. According to the complainant, the present applicant who is a Clerk in the office of Sub-Registrar but was actually holding the charge of Sub-Registrar on the relevant date, has also participated in the conspiracy, and he interpolated in the 22 column issued by the Patwari and thereafter, registered the sale deed in spite of moving objection before him on 04.04.2012.

(2.) Learned State Counsel has opposed the prayer for grant of bail.

(3.) From the material available in the case diary, it appears that complainant Purushottam had two more brothers namely Rameshwar and Sarju. Till 1999-2000 name of Purushottam was exclusively recorded in the revenue record, however, after death of Rameshwar and Sarju in 1992 and 1998 respectively, the legal heirs/sellers got recorded their names as co-owners alongwith Purushottam. By interpolation the said co-owners increased the area of Khasra Number from 0.25 acre to 0.50 acre and have sold the increased area to the purchaser namely Shivam Pandey.