MAHIP SINGH SAINI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THIS second bail application under Section 439 Cr.P.C has been made by the petitioner/ accused for grant of regular bail.

(2.) THE petitioner/accused was a practicing advocate and arrested in a case of grabbing properties by forgery and cheating. It was found that in the neighbourhood of accused one Ved Prakash used to live. THE accused misused his capacity as a lawyer and identified Ved Prakash as Charanjit Singh as well as Rajinder in different courts at Delhi and U.P. Forged documents were prepared in order to grab property of complainant Naresh Kumar. Naresh Kumar's sister was the owner of the property bearing number 46, Ishwar Colony, Delhi admeasuring 206.7 sq. yards being a member of DMC Cooperative Staff House Building Society. Naresh Kumar was made a nominee by his sister. His sister was unmarried and died on 2nd May, 1989. In order to grab this property, some forged documents were prepared by the accused /applicant in connivance with other accused persons. THEse forged documents included agreement to sell, general power of attorney, will, possession letter, receipt dated 24th April, 1989 and 25th October 1989. THE addresses given on these documents were either fake or wrong and none of the persons in whose favour agreement to sell, power of attorney were allegedly executed by the deceased resided at the addresses. THE applicant M.S. Saini used the address of B-169, Janta Colony, Raghubir Nagar, Delhi a plot lying vacant and belonging to his wife Smt. Nirdosh Saini as the address of fictitious person. A forged business agreement containing an arbitration clause dated 18th December 2000 was prepared and an arbitration award dated 4th January 2001 was procured from the arbitrator whereby the property of the complainant was assigned to accused no.3 and 4 (before the trial court) i.e. accused Satbir and present applicant. On the basis of this forged award, an execution was filed and again a forged address of the respondent was given in execution petition (of the award) and the property was grabbed. Ved Prakash Saini @ Rajinder Kumar also filed a civil suit for declaration and the signatures of complainant on the AD Card were forged and thereafter a conduit was produced in the court of Mr. Vikas Dhall by the present applicant to obtain an ex parte decree dated 29 th March, 2003.