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Fraud accused gets bail
8/26/2006 10:28:33 PM

Jammu, Aug.26 : Chief Judicial magistrate Jammu, Sanjay Dhar, today granted bail to an accused Gurdyal son of Thoru Ram resident of Jasllo chak, who is facing investigation under section 420/465/467/471/120-B RPC.
After hearing the learned CPO for the state and learned counsel for the applicants-accused and after carefully gone through the report of the police.
Court observed that the investigation in the case so far, the role of accused Gurdyal as per police report was already over. Co-accused has also been enlarged on bail.
Keeping all those factors in view the application of the accused-applicant is allowed and the accused-applicant was admitted to bail subject to furnishing bail bond and surety bond in the amount of Rs. 20,000/- each. Accused was also directed to cooperate with the investigating agency and shall not tamper with the prosecution witnesses.
Learned Counsel argued, that accused Gurdyal is not part of conspiracy. Had it been so he would not have been executed a deed of cancellation of power of attorney. According to the LC for Gurdyal in fact he is the victim of fraud perpetrated by the other accused on him and his brothers and sisters.
As per the police report a complaint was made by Bimla Devi Ratno Devi Rattan Lal and Munnu all sons and daughters of Thoru Ram against their brother Gurdyal Singh applicant herein and one Kartar Singh before this court alleging therein that complainants along with accused no. 1 being legal heirs of Late Thoru Ram has inherited his land measuring 10 kanals falling under Khasra nos. 469 and 470 situated at village Chowadhi tehsils Jammu; that after the death of Thoru Ram the complainant and accused no.1 by virtue of mutation of inheritance no. 1023,which was attested in the year 1987 became the owners of the land in question. That accused no. 1 in connivance with accused no. 2 produces somebody else instead of complainant before learned Sub Registrar Munsiff, Jammu an got up power of attorney in respect of the land in question attested in favour of one Jai Singh who is stated to have expired now, that on the basis of said fake power of attorney a sale deed with respect to land measuring 4 kanals 10 under sections 420/465/467/471/120-B RPC have been committed by the accused.
This complaint was forwarded to SHO P/S Gangyal by this court for registration of a case. Accordingly FIR No. 52/06 for aforesaid offences was registered and investigation of the submitted before the police that Jai Singh, Kartar Singh Sampuran Singh, Sat Pal and Ashok Singh approached him and offered to purchase the land. Said Gurdyal further submitted before the investigating agency that he went to court at Janipura along with the aforesaid persons.
Accused Pushpa Devi and Anita Devi was also produced before the learned Sub Registrar, who impersonated the executants the executed a document of cancellation of power of attorney on 28.03.1995 but still then Jai Singh transferred the land ion favor of Kartar Singh. After investigation of the case it had been revealed that all along only accused Gurdyal had appeared before the registering authority and held consultations with the other accused; whereas fake persons have been produced on behalf of other share holders; that all these circumstances show that accused Gurdyal was in knowledge of the whole fraud and was in fact a part of the conspiracy. Accused Gurdyal has accordingly been arrested.
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