BUDH RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has approached this Court under Section 438 of the Code of Criminal Procedure (for short, 'Cr.P.C.') for grant of anticipatory bail in case FIR No.167 dated 21.06.2012, registered under Sections 420, 467, 468, 471, 120-B of the Indian Penal Code, registered at Police Station Murthal, District Sonipat.

(2.) The learned counsel for the petitioners contends that the mutation was entered on 21.07.1997, claiming himself to be the sole legal heir of one, Niyamat Ali. There is a delay of more than 15 years in lodging the FIR. He further submits that the assertion of the petitioner, if at all is false, even then the petitioner has not sold the property beyond his share, therefore, he reiterates the share of the alleged brother is intact.

(3.) On the other hand, the learned State counsel, on instructions from ASI Rohtash, submits that the petitioner furnished false affidavit claiming himself to be the sole legal heir of Niyama Ali whereas there is another son, Bhola, and a daughter, Chhotti. The learned counsel refers to the sale deeds dated 25.09.1998, 02.03.2005 and 21.05.2005, whereby more than half of the property has been sold.