CRIMINAL MISCELLANEOUS None on 13 November 2007

Crl. Misc. No. M- 25544 of 2008

Date of decision: March 23, 2009

Gaurav (minor)

….. Petitioner

Versus

State of Punjab and Others.

….. Respondent

Present:Mr. Jashandeep Singh Sandhu, Advocate for the petitioner.

Mr. Ajay Singh Ghangas, DAG, Haryana.

Mr. N.K. Sanghi, Advocate for the complainant (Krishan Kumar).***

S.S. SARON, J.

Heard counsel for the parties.

The petitioner seeks regular bail in a case registered against him for theoffences under Sections 419, 420, 465, 467, 468, 471 and 120-B IPC.

The FIR has been registered on the statement of Krishan Kumarcomplainant. It is submitted that Ashok Kumar along with the accused submitted anapplication to the Assistant Estate Officer for obtaining information regarding actualposition of the plot/land. A letter dated 13.11.2007 was issued by the AssistantEstate Officer in the name of Ashok Kumar. On 13.11.2007 itself the accused jointlysubmitted an application to the Tehsildar, Panipat in the name of Ashok Kumar.Thereafter, on 26.11.2007, Rajesh Khurana Patwari, Sanjeev, Ravi Kumar, Hitesh,Surinder etc. by conspiring with each other filed a false and fabricated statement andgot a FIR registered. The complainant Krishan Kumar also came to know that thesaid accused were trying to alienate the plot and divide its sale consideration between them. It was alleged that Ashok Kumar was a fake owner of the plot and was closelyrelated to Rajesh Khurana, Patwari.

The name of the petitioner admittedly does not figure in the FIR.Besides, it is admitted case of the parties that he is a minor. During investigation, itwas found that a plot measuring 2 bighas 13 biswas within the Revenue Estate, PattiInsar, Panipat was owned by Krishan son of Jai Bhagwan, Saroj wife of Jai Bhagwanand Jai Bhagwan son of Mange Ram. Ashok Kumar had produced three personsbefore Sub Registrar who impersonated themselves as Krishan son of Jai Bhagwan,Saroj wife of Jai Bhagwan and Jai Bhagwan son of Mange Ram and got the sale deedexecuted of the said plot and registered it in his (Ashok Kumar’s) name on 6.11.2007.The role attributed to Gaurav (petitioner) who is a minor is that he impersonated asKrishan Kumar. The petitioner is in custody since 16.5.2008. The case is triable bythe Magistrate of Ist Class. His further custody is not required for the purposes ofinvestigation. The trial in the case is likely to take time and it is to be establishedwhether petitioner impersonated as Krishan Kumar.

Accordingly, the Crl. Misc. petition is allowed and the petitioner on hisfurnishing personal bond and surety to the satisfaction of the learned trial Magistrateshall be admitted to bail.

March 23, 2009amit

(S.S. SARON) JUDGE