RAJPAL Vs. STATE NCT OF DELHI & ANR.

JUDGEMENT

(1.) The present petition has been filed under Sec. 439(2) of Code of Criminal Procedure (hereinafter shall be referred as Cr.P.C.) for cancellation of anticipatory bail granted to the respondent no.2 (Darshan Kumar) and respondent no.3 (Karan Singh) by the Court below vide order dated 07.10.2013 in FIR No.4/2012, under Sections 420/468/471/34 IPC, Police Station Dwarka Sector-23 and also for setting aside of order dated 07.10.2013.

(2.) The facts in brief are that the instant FIR was registered on the basis of complaint made by one Smt. Bhanwati, mother of the petitioner-herein with the allegations that the plot no.160, Sector Crl. 16, Dwarka, New Delhi belonging to the father of the petitioner was sold by respondent no.3 to respondent no.2 by playing fraud and making forgery in the documents. Several civil suits were also filed by the petitioner against the respondent nos.2 and 3 which were pending. During the pendency of civil suits, the Investigating Officer moved an application for obtaining the forged documents and the same were handed over to him to deposit the same after obtaining FSL report. During the pendency of the matter, the Court below granted anticipatory bail to the respondent nos.2 and 3 vide common order dated 07.10.2013.

(3.) Feeling aggrieved by the grant of anticipatory bail to the respondent nos.2 and 3, the petitioner has approached this Court for cancellation of same on the ground that the opportunity of hearing was not given to the petitioner to represent at the time of hearing on the bail application.