TEJPAL Vs. STATE

JUDGEMENT

(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.