ASHA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS is an application under Section 438 Code of Criminal Procedure. for releasing the Petitioner on bail in FIR No. 257/2011 registered on 07.08.2011 at Police Station, Indora, under Sections 417, 418, 420, 465, 467, 468, 469, 471 Indian Penal Code. The status report filed and the same has been perused.

(2.) IT has been stated in the application that Pushppal Singh complainant appointed Jaswinder Singh as his Power of Attorney vide registered deed which was cancelled. It is the case of the police that Jaswinder Singh in connivance with the Petitioner alienated the land along with house of complainant fraudulently for a consideration of Rs. 20,000/ - against actual value of the land and house over Rs. 12,00,000/ - and thereby cheated the complainant. On these allegations, the case has been registered. The Petitioner apprehends her arrest in view of registration of the case. It has been stated that Petitioner is innocent, she has been falsely implicated in the case. Pushppal Singh had entered into an agreement to sell with Jaswinder Singh on 27.01.1999, a copy of agreement has been filed with the application. In lieu of the said agreement to sell, the complainant had executed General Power of Attorney in favour of Jaswinder Singh. The complainant through Power of Attorney had authorized Jaswinder Singh to execute an agreement to sell as well as to execute sale deed in favour of purchaser.

(3.) THE Petitioner has small children and there is no -one in the family to take care of them. The detention of the Petitioner would not advance the cause of justice in any manner. The Petitioner has been falsely implicated in the case at the instance of vested interests. The Petitioner is ready to join the investigation. It has been stated that Petitioner is ready to furnish bail bonds in accordance with the directions of the Court. The prayer has been made for grant of bail under Section 438 Code of Criminal Procedure.