The Delhi High Court has dismissed the anticipatory bail filed by a person, who allegedly illegally occupied premises on the basis of fabricated documents, i.e. General Power of Attorney and Sale Deed, of a property situated in the Adarsh Nagar area of North Delhi.
The bench of Justice Yogesh Khanna on July 22, 2022, after going through the status report of the prosecution and considering the conduct of accused Sanjay Pehalwan, refused to grant anticipatory bail to the petitioner.
Court noted that it is the case of the prosecution the petitioner along with his associates had prepared forged documents in respect of the property and started living forcefully with the help of his muscleman. He did not join the investigation and his application for anticipatory bail was dismissed vide order dated April 7, 2022, by the Session's court. One another accused viz. Sandeep Kumar who allegedly executed the sale deed was also arrested and he disclosed he was asked to appear before Sub-Registrar's office as an owner of the said plot, hence he impersonated the petitioner herein, at the instance of the petitioner. All these facts show the extent of cheating committed by the petitioner herein.
The accused had approached Delhi High Court with the prayer to grant anticipatory bail to the accused Sanjay Pehalwan, who claimed that he was the owner of the premises located a North Delhi's Adarsh Nagar claiming that he has title over the property through General Power of Attorney as well as through Sale Deed.
Amit Sahni, Additional Public Prosecutor appeared on behalf of the State and highlighted the Status Report, which indicated that the accused Sanjay had claimed that he had claimed rights to the property through GPA dated January 23, 2020, which was executed by one Manju Devi for a considerable amount of Rs. 12 Lakhs and the said Manju Devi couldn't be traced.
Further, the accused had also claimed that he had purchased the property for consideration of Rs. 77 Lacs vide sale deed dated March 26, 2021, from one Sandeep Kumar from Panipat, Haryana.
Additional Public Prosecutor Sahni further submitted that as per the Status Report, during scrutiny of the Sale-deed dated March 26, 2021, alleged Sanjay Pehalwaan has handed over 11 cheques (7 Lakhs each) of his HDFC Bank Account situated at Gohana, District Sonipat, Haryana in lieu of the sale consideration amount. On this, alleged Sanjay Pehalwaan has stated that the cheques which were given by him, were relating to his HDFC Bank Account of Sonipat, Haryana. The bank statement of the said account w.e.fJanuary 1, 2021 to date was obtained and on the perusal of the bank statement, no such amount was found deducted from the bank account of the alleged Sanjay Pehalwaan.
( With inputs from ANI )
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