RAM NIWAS & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This anticipatory bail application has been filed by the petitioners apprehending their arrest in connection with F.I.R. No. 129/2009 registered at the Police Station, Padukallan, District Nagaur, for the offences under Sections 420, 467, 468, 471 and 120-B I.P.C.

(2.) Heard learned counsel for the petitioners, the learned Public Prosecutor and the counsel for the complainant. Perused the case diary.

(3.) Learned counsel for the petitioners submits that the petitioners are advocates and petitioner No. 1 made an execution of sale deed on the basis of a registered power of attorney given by Mahaveer Raj, Smt. Bidam Kanwar, Manju and Sunita. He submits that Mahaveer Raj is the son of Shri Navratan Mal and on the death of Navratan Mal, the property was devolved upon his heirs, i.e. wife, son and daughters. It is submitted that Navratan Mal's son Mahaveer Raj and his wife Smt. Bidam Kanwar, along with two ladies were presented as the daughters of Navratan Mal came to the office of the Sub-Registrar for execution of power of attorney and as such the petitioner Ram Niwas could not have any suspicion regarding genuineness of the executant as the mother and the brother of the ladies were accompanying them. He submits that acting on such registered power of attorney, the petitioner No. 1 sold the land to his nephew. He further submits that as a matter of fact the petitioner's nephew is the person who has been cheated because now the case has been built up that the first informant and her sister was also having share in the property whilst petitioner Ram Niwas could have never known that the ladies who were presented in the office of the Sub-Registrar at the time of execution of the power of attorney were not the sisters of Mahaveer Raj.