Punjab and Haryana High Court dismisses bail plea in 3-decade-old ‘forgery’ issue

Saurabh Malik

Tribune News Service

Chandigarh, August 4

Three decades after the revenue record of a village in Mohali was allegedly fabricated before “shamlat deh” land was sold, the Punjab and Haryana High Court has dismissed the anticipatory bail plea of an accused in the case.

The order by Justice Avneesh Jhingan came after the Bench was told that alleged kingpin Shyam Lal was absconding and another person Amrik Singh was non-existent. Besides this, the annexure of certain documents was destroyed as soon as the inquiry started.

The matter was brought to the notice of the High Court after Rabbi Singh sought an anticipatory bail in an FIR registered for criminal breach of trust, cheating, forgery and other offences on May 8 under Sections 409, 420, 465, 467, 468, 471, 477-A, 201 and 120-B of the IPC and the provisions of the Prevention of Corruption Act at the Vigilance Bureau, Phase 1, Mohali.

Justice Jhingan, during the course of hearing, was told that the revenue records of Majrian village in Mohali district were tampered with in connivance with revenue officials as per the FIR. The land in dispute was “shamlat deh hasab rasad jar khewat” in the gram panchayat’s name as the owner till 1991. It was changed and the land was distributed among private respondents.

Certain new co-sharers were added and shares of existing co-sharers were increased. Sale deeds were executed after creating a chain of power of attorney (PoA). The allegations against the petitioner were that he was the PoA holder of Amrik Singh, a non-existing person.

His counsel contended that the petitioner was engaged in business of trading building material. The main person in sale of land was one Shyam Lal, who had to make certain payments to the petitioner for the material supplied. Instead, he got a PoA executed through Amrik Singh in the petitioner’s favour. The petitioner was only getting commission on sales.

Meanwhile, Punjab Deputy Advocate General Monika Jalota submitted that Shyam Lal, after getting bail in another FIR, was absconding and Amrik Singh’s details were unavailable.

Justice Jhingan asserted the case, as per the allegations, has tone and tenor of forgery and of economic offence. The issue was more complex than what appeared at its first blush. Each and every accused, including the revenue officials, had a specific role in making the transaction a success. The nature of the land was changed in the revenue records and sale was managed in a way that the transaction remained behind veils. For that, a chain was created.

“In the present case, if the petitioner is clothed with the protection of pre-arrest bail, the probe will be affected. The petitioner is one of the ends of the chain, it is through him that true identity of Amrik Singh and thereafter the role of Shyam Lal can be revealed,” Justice Jhingan asserted, while dismissing the plea.

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