RAMESH MATHUR Vs. STATE

JUDGEMENT

(1.) THE present petition has been preferred by the petitioner under Section 482 Cr.P.C. read with Section 167(2) and Section 439 Cr.P.C. for grant of bail.

(2.) THE facts leading to the present petition in brief are that FIR No. 28/2010 was registered against the petitioner along with the co-accused persons under Section 13 (1)(d) of Prevention of Corruption Act read with Section 420,468,471 and 120 B , Indian Penal Code. THE allegations against the petitioner in the said FIR was that the petitioner along with other co- accused persons was involved in illegal conversion of agricultural land into residential land in the area of revenue sub Division of Saraswati Vihar. It was alleged that the petitioner in connivance with officials of Revenue Department and officials of RWA, misrepresentated to the innocent buyers that vacant agricultural lands were part of the colonies which were about to be regularized. It was also alleged that the petitioner had cheated not only the innocent buyers, but also the Government by not registering the conveyance documents.

(3.) PER contra, the learned counsel for the State submitted that the petitioner has been rightfully charged under Section 467 IPC which is punishable upto life imprisonment and therefore clause (i) of proviso (a) to sub section 2 of Section 167 Cr.P.C. is applicable. It was submitted that as per this provision, the period of filing of challan being 90 days, and since the same was not yet over, the bail application of the petitioner deserves to be dismissed.