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HIGH COURT OF DELHI
BAIL APPLN. 2176/2014
SUSfflLA DEVI Petitioner
Through ; Mr. Manoj Kumar Yadav, Adv.
BAIL APPLN. 2176/2014
SUSfflLA DEVI Petitioner
Through ; Mr. Manoj Kumar Yadav, Adv.
VERSUS
STATE Respondent
Through ; Mr. Amit Chadha, APP for State with
^ SI Arvind Kumar PS Jafarpur Kalan.
Through ; Mr. Amit Chadha, APP for State with
^ SI Arvind Kumar PS Jafarpur Kalan.
AND
BAIL APPLN. 755/2015
BALWAN SINGH Petitioner
Through : Mr. Manoj Kumar Yadav, Adv.
BALWAN SINGH Petitioner
Through : Mr. Manoj Kumar Yadav, Adv.
VERSUS
THE STATE GOVT OF NCT OF DELHI Respondent
Through : Mr. M. P. Singh, APP for State.
Through : Mr. M. P. Singh, APP for State.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
ORDER o/o 08.09.2016 Ms. Sushila Devi is wife of Mr. Balwan Singh. FIR has been registered on the complaint ofMr. Anil Kumar, who has alleged in the FIR that he had purchased the plot no.55 measuring 105 Sq. Yards out ofkhasra no.226 situated in the revenue estate of Village Jaffar Pur Kalan, Delhi presently known as Dabar Enclave. He further alleged that his bhabhi Smt. Dinesh had purchased the plot no.56 forming part ofthe same khasra. They had purchased the plots vide GPA etc. Complainant has fiirther alleged that
2016:DHC:8315
•J
• his brother Mr. Mahinder Pal along with his wife Smt. Dinesh visited the site and there they found that their neighbour Balwan Singh (accused), who was residing at plot no.54, had occupied plot no.55 as well as plot no.56 on the basis of fake documents.
Learned additional public prosecutor submits that during the
0 investigations, it has been revealed that complainant and his bhabhi had purchased the plot nos.55 &56 from colonizer Mr. Ashok Solanki on 11^^
December, 1998 vide GPA and other documents. It is contended that documents ofcomplainant are the registered documents. Ithas been further submitted that chain of documents submitted by the petitioner Sushila Devi shows that Mr. Surat Singh had purchased the plots from Mr. Ashok Solanki on Tf" December, 1989. Mr. Surat Singh sold the said plots toMr. Mahesh
1^ ChandKaushikvide documents dated 10^*^ April, 1990. Mr. Mahesh Chand sold the same to Mr. Satya Prakash vide documents dated 10^*" May, 1990.
Mr. Satya Prakash sold the plots to Mr. Ram Phal vide documents dated 13*
May, 1990 and Mr. Ram Phal sold the said plots to petitioners vide documents dated 8* October, 2013. It is submitted that Mr Ashok Solanki has denied that he sold the plots to Mr. Surat Singh. Mr. Surat Singh has now expired. The documents produced by petitioner Sushila Devi are not registered documents and are only notarized.
Learned counsel for the petitioners submits that petitioner Sushila
Devi had purchased the plot from Mr. Ram Phal, who had given chain of documents to her and had also executed GPA etc. in her favour on 8^^
October, 2013. All the documents have been submitted by the petitioners to
,jP the Investigating Officer. The whole case is based on the documents and no custodial interrogation is required.
Learned additional public prosecutor submits that the investigations aremore or lesscomplete andone FSLreport is awaited.
Keeping in mind the totality of circumstances, it is ordered that in case ofarrest, petitioners be released onbail upon their furnishing apersonal bond in the sum of ^25,000/- (Rupees Twenty Five Thousand Only) each
^ with one surety of the like amount each to the satisfaction of Arresting Officer / Investigating Officer / SHO concerned.
Bail applications are disposed of in the above terms.
^ATHAK,J.
SEPTEMBER 08,2016/dk
ORDER o/o 08.09.2016 Ms. Sushila Devi is wife of Mr. Balwan Singh. FIR has been registered on the complaint ofMr. Anil Kumar, who has alleged in the FIR that he had purchased the plot no.55 measuring 105 Sq. Yards out ofkhasra no.226 situated in the revenue estate of Village Jaffar Pur Kalan, Delhi presently known as Dabar Enclave. He further alleged that his bhabhi Smt. Dinesh had purchased the plot no.56 forming part ofthe same khasra. They had purchased the plots vide GPA etc. Complainant has fiirther alleged that
2016:DHC:8315
•J
• his brother Mr. Mahinder Pal along with his wife Smt. Dinesh visited the site and there they found that their neighbour Balwan Singh (accused), who was residing at plot no.54, had occupied plot no.55 as well as plot no.56 on the basis of fake documents.
Learned additional public prosecutor submits that during the
0 investigations, it has been revealed that complainant and his bhabhi had purchased the plot nos.55 &56 from colonizer Mr. Ashok Solanki on 11^^
December, 1998 vide GPA and other documents. It is contended that documents ofcomplainant are the registered documents. Ithas been further submitted that chain of documents submitted by the petitioner Sushila Devi shows that Mr. Surat Singh had purchased the plots from Mr. Ashok Solanki on Tf" December, 1989. Mr. Surat Singh sold the said plots toMr. Mahesh
1^ ChandKaushikvide documents dated 10^*^ April, 1990. Mr. Mahesh Chand sold the same to Mr. Satya Prakash vide documents dated 10^*" May, 1990.
Mr. Satya Prakash sold the plots to Mr. Ram Phal vide documents dated 13*
May, 1990 and Mr. Ram Phal sold the said plots to petitioners vide documents dated 8* October, 2013. It is submitted that Mr Ashok Solanki has denied that he sold the plots to Mr. Surat Singh. Mr. Surat Singh has now expired. The documents produced by petitioner Sushila Devi are not registered documents and are only notarized.
Learned counsel for the petitioners submits that petitioner Sushila
Devi had purchased the plot from Mr. Ram Phal, who had given chain of documents to her and had also executed GPA etc. in her favour on 8^^
October, 2013. All the documents have been submitted by the petitioners to
,jP the Investigating Officer. The whole case is based on the documents and no custodial interrogation is required.
Learned additional public prosecutor submits that the investigations aremore or lesscomplete andone FSLreport is awaited.
Keeping in mind the totality of circumstances, it is ordered that in case ofarrest, petitioners be released onbail upon their furnishing apersonal bond in the sum of ^25,000/- (Rupees Twenty Five Thousand Only) each
^ with one surety of the like amount each to the satisfaction of Arresting Officer / Investigating Officer / SHO concerned.
Bail applications are disposed of in the above terms.
^ATHAK,J.
SEPTEMBER 08,2016/dk
JUDGMENT