SATPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is Criminal Misc. No. 18448 -M of 1998 by one Satpal Singh whereby he has prayed for the grant of anticipatory bail to him in case F.I.R. No. 50 dated 10.4.1998, Police Station City Jallalabad under Sections 420/464/466/467/468/469/471/474, Indian Penal Code. The prosecution case is brief is that Smt. Bimla Devi owns land in the Patwari Halqa, Jallalabad and she was shown as owner and in self -possession of the land during the period 1989 -94. According to Smt. Bimla Devi one Karnail Singh got ex parte decree on the basis of some sale -deed which was forged. She was not party to that sale -deed/decree. Karnail Singh got ex parte decree incorporated in Roznamcha waquati of the patwari against Sr. No. 425. In Khasra Girdawari also, reference was made to report Roznamcha waquati 425. Cultivation was, however, continued to be shown in the name of Smt. Bimla Devi. At the time of preparation of five years jamabandi the word "cultivation Badstoor" (continuing) was removed with ink remover and entry was made in the new five year jamabandi at No. 425. A bare look at the Khasra Girdawari would show the use of ink remover. According to Smt. Bimla Devi, she has been in continuous possession and cultivation of the land and her continuous possession and cultivation at the spot remains uninterfered. She made an application for the correction of Khasra Girdawari to the Tehsildar and the Tehsildar asked for the report of Halqa Kanungo. Patwari Halqa started proceedings of correction of girdawari by making entry (disputed girdawari) vide report No. 93 dated 5.10.1997. On the basis of that application made by Smt. Bimla Devi, the aforesaid case was registered.

(2.) IT has been submitted by the learned counsel for the petitioner that "there is no specific allegation against the petitioner as to how he was connected with the alleged act of removing the word "cultivation Badstoor" at the time of preparation of five years jamabandi. It was submitted that one Surain Singh patwari was posted in Halqa Jallalabad in the year 1993 and after his transfer, one Amarjeet Singh joined as Patwari who prepared Jamabandi 1993 -94 (five years jamabandi) and it was he, who submitted the jamabandi in the tehsil office at Fazilka after preparing it from 15.6.1994 to 7.9.1994. So far as Satpal Singh is concerned, he joined Jallalabad Haiqa on 7.1.1995 after the transfer of Amarjeet Singh and he remained there till March, 1996. As per the allegation of Smt. Bimla Devi herself forgery was committed prior to the joining of Satpal Singh at the time of five year jamabandi which was prepared in 1994. It was submitted that Satpal Singh joined the Halga in 1995 when jamabandi 1993 -94 had already been prepared and submitted in the tehsil office in September, 1994 by the previous Patwari Amarjit Singh. If there was any forgery in the revenue record, the same could be attributed either to Amarjeet Singh or Surain Singh."

(3.) IT was further submitted that in pursuance of the order of the Additianal Sessions Judge who granted ad interim anticipatory bail to the petitioner, he surrendered before Judicial Magistrate First Class on 11.6.1998 and furnished the necessary bonds. He requested S.H.O., Police Station, City Jallalabad to join him in the investigation in pursuance of the direction given by the Additional Sessions Judge, Ferozepur. Though he was called by S.H.O. Police Station City Jallalabad time and again in the police station, he did not mark his presence. Thereafter, he surrendered before the Judicial Magistrate, First Class and furnished the necessary bonds to her. Judicial Magistrate, First Class directed S.H.O., Police Station City Jallalabad to make him join investigation on 16.6.1998 at 11.00 A.M. Eventually, the learned Additional Sessions Judge discontinued/vacated that direction and refused to grant him anticipatory bail. Additional Sessions Judge had allowed ad interim anticipatory bail to the petitioner vide order dated 7.5.1998 which was to operate for a period of two months and within that period he was directed to seek regular bail from the competent court. He moved an application for regular bail before the Magistrate which was declined by her vide her order dated 4.7.1998, copy Annexure P 6. In Jamabandi two leafs appeared to have been changed because the ink relating to the previous entries and the subseqent entries is not the same. Ink of these two leafs is, different. The learned D.A.G. for the State of Punjab submitted that on 28.7.1994 certified copy of the jamabandi had been issued by the Patwari in which the entry Kasht Badstoor was shown to have been appearing in the revenue record. There was, however, no such entry in the original record. Learned D.A.G. for the State of Punjab submitted that ink remover appeared to have been used. If on 28.7.1994 the word "Kasht Badstoor" existed in the copy of the jamabandi and subsequently Satpal Singh was posted as Patwari in January, 1995 who remained there till March, 1997 after which period the entry Kasht Badstoor was removed. It will be gone into during investigation whether the entry was removed during the period of his posting or it had been removed earlier. Two pages of jamabandi register appeared to have been substituted. Pages which were originally there are to be recovered. It is a serious matter. After the Magistrate had refused the petitioner's prayer for regular bail. Additional Sessions Judge, Ferozepur should not have entertained his prayer for anticipatory bail, instead he should have sent him to judicial custody and treated that application for anticipatory bail as one for regular bail. He should have asked the Public Prosecutor to direct the concerned Investigation Officer to apply for police remand or for judicial remand as he thought fit. He should have directed the concerned Magistrate to dispose of that prayer in accordance with law. He should have then decided the application treating it as an application for regular bail himself, keeping in view, that his earlier application for regular bail had been declined by the Magistrate vide order dated 4.7.1998, Annexure P 6.