SHYAM SUNDER SHARMA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) THESE petitions under Section 439 CrPC are filed for seeking bail in case FIR No. 28/2010, under Sections 13(1)(d) of P.C.Act read with Sections 420/468/471/120-B IPC, P.S. Anti Corruption Branch.

(2.) THE petitioners are arrayed as accused in the aforesaid FIR along with the other persons. During investigation of FIR No. 23/2010, under P.C.Act and Section 420/120-B IPC of Anti Corruption Branch, it was revealed that large scale illegal conversion of agriculture land was going on in the area of Sub-Division of Saraswati Vihar. It was revealed that illegal colonizing was being done by the accused persons in connivance with some government officials by converting vacant agricultural lands into plots and selling them to people by representing them that the plots of unauthorized colonies are in the process of regularization. It was noticed that this was going on in a large scale and the documents i.e. General Power of Attorney, Agreement to Sell, Will etc. pertaining to sale were being executed by evading the stamp duty. THEre are specific allegations against the petitioner Shyam Sunder that he had sold agricultural lands in the shape of small plots to different persons by giving them different plots numbers forming part of Village Sawda abadi known as Upkar Vihar. It was alleged that he being an agriculturist and a colonizer, was aware of the fact that the land which he had sold in the shape of small plots was agricultural land and was not forming part of Upkar Vihar and in any case, not a part of the list of colonies under regularization. THE constructions had been carried out in the land and the plots which were sold and which were ultimately got demolished SDM. Innocent purchasers are alleged to have been cheated and duped of their huge amounts.

(3.) WITH regard to the petitioner Attar Singh, it was submitted by his counsel that he had sold some land to Sunil Kumar Jain without mentioning the same to be part of any colony and that in any case, he has already compromised with Sunil Kumar Jain in the civil suit that was filed against him and that, Mr. Jain has further refunded the amounts which he had taken from different purchasers.