SANT LAL AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) ACCUSED Sant Lal and Lakhan Singh alias Kala have filed this petition for anticipatory bail in case FIR No. 328 dated 22.09.2011, under Sections 379, 387, 420, 447, 467, 468, 471, 506 and 34 of the Indian Penal Code (in short - IPC), registered at Police Station Model Town, District Rewari.

(2.) CASE of the prosecution is that complainant Kiran Devi agreed to purchase 200 sq. yds. land from the petitioners' co -accused Shri Bhagwan vide agreement dated 27.12.2004, but on the spot, only three marlas land was found and accordingly, sale deed of three marlas of land was executed in favour of the complainant on 28.02.2005 by Shri Bhagwan. The complainant filled foundation up to D.P.C. level. However, on 15.09.2011, the petitioners along with other co -accused trespassed into the said plot and broke the lock of the gate and had stolen the iron gate. On 16.09.2011, complainant's husband Sita Ram got telephone call on his mobile, wherein the accused asked for extortion money of Rs. 10 lacs. The call was made from mobile telephone belonging to the accused. Sale deed in favour of petitioner no.1 in the year 2006 regarding 80 sq. yds. land is result of fraud because Shri Bhagwan was left with no area at the spot, although in revenue record, there was some remaining land shown in his ownership.

(3.) LEARNED State counsel, on instructions from ASI Babu Ram, stated that the telephone, from which ransom call was allegedly made, belongs to petitioners' co -accused Shiv Kumar and not to the petitioners.