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2015 DIGILAW 716 (ORI)

Sk. Zafarulllah v. State of Orissa

2015-12-22

S.K.MISHRA

body2015
ORDER ABLAPL NOS. 9806, 9748, 9933 AND 10188 OF 2015. 22.12.2015.In this bail application, the petitioners, who have been arrayed as an accused for alleged commission of offence under Sections 448, 294, 323, 468 and 471/34 of the IPC in G.R. Case No.633 of 2015 of the Court of learned JMFC, Chandikhol, arising out of Balichandrapur P.S. Case No.80 of 2015 pray for anticipatory bail. FIR has been lodged by one Sk.Sarwar Ali alleging that the main accused Sk.Sultan Mohammad created a forged registered sale deed dated 27.03.2010 and on the basis of the said sale deed purportedly to have been registered by the Sub-Registrar, Badachana, the accused, Sk. Mujafer Mohammad got his name recorded in the Record of Rights by suppressing notice and without following the procedure established. It is apparent from the records that the Sub-Registrar, Badachana had categorically communicated to the Investigating Officer and it was found in course of investigation that sale deed No.197900532 has never been enrolled in the office of the Sub-Registrar. The Sub-Registrar also communicated vide letter No.190 dated 14.05.2015 that the alleged sale deed has not been executed and registered in the office of the Sub-Registrar, Badachana on 27.03.2010. It is also apparent from the investigation so far that Sk. Mujafer Mohammad has managed to execute a sale deed in respect of the land of the complainant vide Khata No.110 and Plot No.655 which is situated adjacent to his homestead land for the purpose of passage to his home by help of Sana @ Subash Chandra Mohanty, who is the Moharrir in the office of the Sub-Registrar, Badachana and Sk. Zafarulla, who used to visit the Sub-Registrar frequently and managing sale and purchase of land as broker. Sk.Zafarulla is the petitioner in ABLAPL No.9806/2015. It is apparent from the records that the petitioners prepared a forged sale deed vide No.197900532 dated 27.03.2010 and submitted the same in the office of the Tahasildar, Darpan, enable to get ROR in respect of the land. In course of investigation, it came to light that no sale deed has been executed or registered in the office of the Sub-Registrar, Badachana and obviously, the same is a forged document. The forged document has been produced before the Tahasildr, Darpan as genuine one to get the ROR after mutation by accused Hari Charan Pradhan, who is the then Revenue Inspector of Balichandrapur Circle and subsequently allowed the mutation. The forged document has been produced before the Tahasildr, Darpan as genuine one to get the ROR after mutation by accused Hari Charan Pradhan, who is the then Revenue Inspector of Balichandrapur Circle and subsequently allowed the mutation. It is further apparent from the records that accused Hari Charan Pradhan has not properly verified the sale and purchase of the disputed land nor any notice was sent to the recorded tenant for which the complainant could not know regarding disposal of the land, otherwise he might have raised objections during the time of mutation and the accused persons could not have succeeded in getting ROR of the disputed plot. From the materials on record, it is abundantly clear that there is ample material against Sk. Jafarulla and Hari Charan Pradhan in perpetuating the crime. However, there appears to be no material on record so far as Sk. Sarfuddin, who is working as the Process Server and Debendra Nath Bai, who is working as a Peon in the office of the Tahasildar, Darpan are concerned Keeping in view the nature of allegations and the maximum sentence prescribed for the offence alleged, this Court is not inclined to grant anticipatory bail to Sk. Zafarulla and Hari Charan Pradhan. Accordingly, their application bearing Nos.9806 and 9748 of 2015 are hereby rejected. So far as Debendra Nath Bai and Sk. Sarfuddin are concerned, both of them are working as Class-IV employee in the Tahasildar’s office and there appears to be no direct allegation against them. They are permanent resident of Kabatabandh, P.S. Jenapur, Dist. Jajpur and Jayarampur, P.S. Salipur, Dist. Cuttack, respectively. There is no chance of their absconding from justice. Hence, this Court is of the opinion that these two petitioners should be granted anticipatory bail. In the result, the ABLAPL Nos.9933 and 10188 of 2015 are allowed. It is directed that in the event of their arrest in the aforesaid case, the petitioners, namely, Debendra Nath Bai and Sk. Sarfuddin shall be released on bail on such terms and conditions as deemed just and proper by the Investigating Officer. The ABLAPL Nos.9933 and 10188 of 2015 are disposed of accordingly. Urgent certified copy of this order be granted as per rules. Ordered accordingly.