LAWS(DLH)-2011-7-140

ANIL KUMAR BANSAL Vs. STATE

Decided On July 04, 2011
ANIL KUMAR BANSAL Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS is a Revision Petition filed by the petitioner, challenging the order dated 03.07.2010, passed by Sh.Girish Kathpalia, learned Additional Sessions Judge, cancelling the bail of the petitioner, granted by the learned Magistrate in respect of FIR Nos.02/2007 and 53/2009 of P.S. Gulabi Bagh, registered under sections 420/468/471 IPC.

(2.) BRIEFLY stated, the facts of the present case are that FIR No.02/2007 was registered against the petitioner on the basis of a complaint made by his mother Shanti Devi Bansal, alleging that the petitioner has fabricated seals/stamps of Notary public and fraudulently induced her to sign some documents with a view to transfer one half share in property No.29, Rama Park, Delhi, constructed on a piece of land measuring 217.5 sq. yards, which was bequeathed to her by her husband. As a consequence of this, it was shown by the petitioner, to have purchased the said share of her mother. Accordingly, a case under Sections 420 for cheating, 468 for forging documents and 471 IPC, for using fabricated document as genuine, was registered against the present petitioner.

(3.) SINCE the petitioner was neither arrested nor surrendered, the investigating agency initiated proceedings under section 82 Cr.PC. The present petitioner, left with no option, surrendered before the learned Magistrate on 02.02.2010 and thereafter applied for regular bail before the learned Magistrate. The said bail application was dismissed on 06.02.2010. Second bail application by the petitioner before the learned Additional Sessions Judge also did not bring any fruitful result and was rejected on 20.02.2010. Still not feeling satisfied, the petitioner is purported to have filed another bail application before the learned Additional Sessions Judge, which was dismissed as withdrawn on 09.03.2010.