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| Court rejects pre-arrest bail of impersonator | | | EARLY TIMES REPORT
JAMMU, Aug 7: Additional Sessions Judge Anti-Corruption Jammu C L Bavoria rejected the pre-arrest bail application of Jasbir Singh, an impersonator who was booked by the Crime Branch Jammu.
According to Crime Branch Jammu that on the written complaint lodged by Gurbachan Singh to the effect that he was lawful attorney holder of Balwinder Kour in respect of 1 kanal 4 Marlas of land situated at village Chowadhi, Tehsil & District Jammu and in year 2008 when he and Balwinder Kour were abroad, some person taking the advantage of the situation executed a fake and forged sale deed in respect of the said land in favour of one Kanav Sharma S/o Narayan Brat Sharma R/o H.No. 93 Sec.7 Trikuta Nagar, Jammu by impersonating him in court, the enquiry was conducted into the allegation leveled in the complaint and thereafter on the outcome of the enquiry a formal case FIR No.10/2014 u/s U/s 419. 420, 465, 466, 468, 471,120-B RPC r/w section 5(2) J&K PC Act, 2006 was registered with P/S Crime Branch Jammu and investigation ensued. During investigation it came to fore to the IO that the said land was purchased by Kanav Sharma through sale deed executed in the court on 12.03.2008 and took the possession of the land. Later on Kanav Sharma sold the said land to one Col. Yudhbir Singh through sale deed executed in the court on 03.10.2008 and handed over the possession of the land to Yudhbir Singh. Kanav Sharma did not have the knowledge about the impersonation at the time of execution of sale deed in his favor and only in 2013, on receiving a notice from the court he came to know that the said land was not sold to him by Gurbachan Singh, rather the sale deed was executed by one Jasbir Singh @ Billa, son of Pritam Singh of Bhau R.S Pura a/P 161-A/1 Sanjay Nagar, Jammu by impersonating complainant Gurbachan Singh in the court in connivance with Harpal Singh and Vijay Kumar. Jasbir Singh signed the Sale deed as Attorney holder in place of Gurbachan Singh and Harpal identified Jasbir Singh as Gurbachan Singh in the Court. By this way, Harpal Singh, Vijay Kumar and Jasbir Singh with the malafide intentions executed the fake sale deed in favour of Kanav Sharma in the court of law and Jasbir Singh with criminal and common intention of other accused persons duped the complainant and caused him wrongful loss by selling the plot of the complainant by cheating and the sale consideration amount received by him is to be recovered from the accused Jasbir Singh who has committed the offence of impersonation in front of the judicial magistrate. During the investigation the offence u/s 419,420,423,465,468,471,120-B RPC have been prima facie established committed by the applicant accused Jasbir Singh.
Additional Sessions Judge Anticorruption Jammu Bavoria after hearing APP Anoop Kumar for the UT observed that so for as the first argument is concerned, deciding of civil case on the basis of compromise entered into between the civil parties after the allegation of commission of crime cannot be a ground for grant of bail in view of the serious allegation of impersonation attributed to the applicant which is a criminal act of the applicant. In regard to the second argument it is stated that the applicant is involved in the commission of an organized crime. The anticipatory bail is not to be granted as a matter of rule and it has to be granted only when the court is convinced that exceptional circumstances exists to resort to that extra ordinary remedy. The custodial interrogation of the applicant is required by the investigating agency to collect information which may lead to recovery of relevant information. In the given circumstances, the grant of anticipatory bail may hamper the investigation. With these observations Court rejected the bail application. JNF
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