BAHAL SINGH AND ANOTHER Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is the second petition under Section 438 of the Code of Criminal Procedure, 1973 (here-in-after called the Cr.P.C.) for grant of pre-arrest bail to the petitioners in case FIR No.86 dated 30.07.2013, under Sections 465, 467, 468, 471, 420 and 120-B of the Indian Penal Code, 1860, registered at Police Station City Jalalabad.

(2.) As per the prosecution allegations, the petitioners had tried to sell the land belonging to Provincial Government on the basis of false revenue record i.e. by tempering with the revenue record, to Paramjit Kaur and Rupinder Kaur. When the said sale deed was presented for registration before the Tehsildar-cum-Sub Registrar, Jalalabad, on the basis of suspicion, he called for the Jamabandies for the years 2004-2005, 1999-2000 and 2009-2010. On inspection of those documents, it was found that the ownership of the Khasra numbers in question were recorded in the name of the Provincial Government and in the column of cultivation, there was cutting on the Khasra numbers. Mutation No.807 was also found to have been entered by committing the forgery, by way of making cuttings in the Register of the Patwari. In fact, it was found that no mutation No.807 was entered in the register of District Office nor was attached therewith. So, an effort was made to usurp government land and the accused had tampered with the record and got themselves recorded as owners in place of the Provincial Government.

(3.) Mr. Pawan Girdhar, Advocate, learned counsel for the petitioners contended that the first petition of the petitioner for pre-arrest bail was not decided on merits and was simply dismissed as withdrawn. So, the second petition for grant of anticipatory bail is maintainable. To support his contentions, he relied upon cases Ramsewak & others Vs. State of M.P, 1979 CrLJ 1485 , Yuvraj Gaud Vs. State of M.P. & Anr, 2005 1 RCR(Cri) 618 (MP), Twinkle Soni & Anr. Vs. State of Jharkhand, 2011 6 RCR(Cri) 2045 (DB) and Babubhai Bachubhai Bhabhor Vs. State of Gujarat, 2005 CrLJ 1618 (FB).