BALRAJ Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is a petition under Section 438 Cr.P.C. praying for release of the petitioner on bail in the event of his arrest in a case registered vide FIR No.33 dated 25.2.2014 under Sections 419, 420, 467, 468, 471, 120B IPC at Police Station Farrukh Nagar, District Gurgaon.

(2.) THE FIR was registered at the behest of two sisters, namely Kavita and Sunita daughters of Mangat Ram residents of village Mubarikpur alleging that a sale deed bearing No.4334 dated 30.12.2013 has been registered fraudulently in favour of Mahavir Goyal son of Banarsi Dass Goyal and witnessed by Gaurav Jain son of NK Jain and Billu alias Balraj Gulia (petitioner herein).

(3.) IT was alleged that all these persons in connivance with each other and by impersonation got transferred the share of the complainants through the alleged sale deed. It was further stated by them that the petitioner had threatened the complainants wit dire consequences and forcible possession in case the complainants did not sell their land to him. With these bare facts the FIR was registered but on investigation more facts tumbled out and it was revealed that the brother of the complainants namely Janit had got the sale deed executed by impersonating the complainant through some other girls to sell off the ancestral property and the share of the complainants. One of the beneficiaries of the sale was Rajinder Goyal. The petitioner pleading innocence had approached this Court by way of instant petition and at the time of motion hearing the court recorded the contentions raised by the learned counsel for the petitioner that the petitioner is neither the beneficiary of the deal nor a witness to the same. It was candidly conceded that the petitioner had facilitated the deal and besides this it was stated by the learned counsel for the petitioner that both the petitioner and Mahavir Goyal are ready to return the property which was sold by the brother of the complainant who impersonated the girls (complainants).