MOHAMMAD SHAKEEL KHAN Vs. STATE OF C.G.

JUDGEMENT

(1.) Heard finally. The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No. 120/2013 registered at Police Station Bhilai-3, District Durg for offence punishable under Sections 420, 464, 467, 468 end 471 read with Section 34 of IPC.

(2.) The allegation against the applicant is that the present applicant along with one Gurdeep Singh prepared a forged power of attorney in the names of Laxmandas sod Kewalrarn Hinduja and sold the suit land to Smt. Keshan Begum on 30-11-1994 and on a report made on their behalf by Dilip Hinduja on 17-02-2012, the present case has been registered and the applicant has been arrested on 15-05-2014.

(3.) Learned counsel appearing for the applicant would submit that the said sale of the suit land has been made to Smt. Keshri Begum on the power of attorney given by Laxmandas and Kewalram and the revenue case initiated by Kewalram against the construction made by Smt. Keshri Begum has been rejected by Naib-Tahsildar on 27-04-2012 and thereafter Kewalram and others have filed Civil Suit No. 65-A/14 (Kewalram and others v. Mohd. Shakeel Khan and others) for declaration of the said power of attorney as a forged document, declaration of the sale-deed dated 30-11-1994 as null and void and for permanent injunction. Certified copy of Civil Suit No. 65-A/14 is filed along with the instant bail application. The suit is pending consideration before the jurisdictional Civil Court and the delay of 18 years in lodging the F.I.R. has not been explained.