JASBIR SINGH Vs. UT OF J&K

JUDGEMENT

(1.) Through the medium of the instant petition, the petitioner has sought bail in anticipation of his arrest in case FIR No. 10/2014 for offences under Sections 419/420/423/465/468/471/120-B RPC read with Section 5(2) of Prevention of Corruption Act, 2006 registered with Police Station, Crime Branch, Jammu.

(2.) The facts giving rise to the filing of the instant petition are that the aforesaid FIR came to be registered on the basis of a complaint lodged by one S. Gurbachan Singh alleging therein that he was lawful attorney holder of one Balwinder Kour, who was in peaceful possession of land measuring 1 kanal 4 marlas at village Chowadhi, Tehsil and District Jammu. It was further alleged that in the year 2008, when aforesaid Balwinder Kour was abroad, some person, taking advantage of her absence, executed a fake sale deed in favour of one Kanav Sharma by impersonating the complainant before the Court of learned Sub-Registrar, Jammu. The complainant further goes on to state that it was in the year 2012, when he came to know about the fact that a sale deed had been executed in favour of aforesaid Kanav Sharma by some person by impersonation.

(3.) On the basis of aforesaid complaint, the Crime Branch, Jammu initiated preliminary enquiry and during the course of enquiry, it was found that a sale deed had been executed in respect of the land in question in favour of one Kanav Sharma in the year 2008 and accused Vijay Kumar acted as an identifying witness before the Court of learned Sub-Registrar, Jammu at the time of execution of the sale deed, whereas Shabir Ahmed, the then concerned Patwari had issued the Fard Intikhab in respect of land in question. It was also revealed during the enquiry that the sale deed was executed by the petitioner Jasbir Singh by impersonating the complainant before the Court of learned SubRegistrar Jammu in connivance with Harpal Singh and Vijay Kumar. Thus, by acting fraudulently and with mala-fide intentions, a fake sale deed was executed by the petitioner in favour of aforesaid Kanav Sharma by committing impersonation. Accordingly, subject FIR came to be registered and investigation of the case was set into motion. After investigation of the case, offences under Sections 419/420/423/465/468/471/120-B RPC read with Section 5(2) of P.C. Act have been found established against the accused including the petitioner herein.