Fake agreement to sell of land belonging to ex-CJI
Excelsior Correspondent
JAMMU, Sept 12: Principal Sessions Judge Jammu Sanjay Parihar has rejected the bail application of Mohd Afzal Beigh and his wife who duped innocent person by making fake agreement to sell of land belonging to former Chief Justice of India.
According to the Crime Branch, the accused has taken an amount of Rs 1.80 crore from the complainant with dishonest intention and in criminal conspiracy with his wife on the pretext of sale and purchase of piece of land measuring two kanals situated at Sidhra which is in the name of Retd Chief Jusice India and prepared a fake and false agreement to sell with the complainant by posing himself as a owner of the land which actually he does not own.
Thus the accused has caused wrongful loss to the complainant and wrongful gain to himself. Therefore the present application requires outright dismissal, the CB submitted.
After hearing Senior Advocate Vikram Sharma with Advocate Manjeet S Sarkaria for the applicants whereas Public Prosecutor Kulbhushan Sharma for the UT and Advocate Samir Pandita for the complainant Gul-e-Surkhab, the court observed, “this is not a fit case where the petitioners deserve concession of bail because if released on bail, not only the chances of recovery of balance amount would become remote. But having regard to the huge financial liability, there is every apprehension that the petitioner may abscond or flee from justice if released on bail”.
“Because as per police report, petitioner Mohd Afzal was summoned calling him to appear before investigating agency, but he failed to attend and he somehow managed to escape to Srinagar and accordingly a team of police was constituted who managed to arrest him on 17.08.2023. In that background having regard to the nature and seriousness of offence and its impact on the society, the petitioner do not deserve concession of bail at this stage, because investigation is still underway and charge sheet is yet to be filed”, the court said.
“In so far as his wife Fehmida Kouser is concerned, she was given interim protection from arrest but having regard to the material available against her, she too is alleged to have conspired together with her husband to dupe the complainant of her hard-earned money. So, given the nature of allegations levelled against her, it cannot be said that the case put up against her is false or otherwise. As it can also be not assumed that she is being framed only because she is the wife of main accused Mohd Afzal. Consequently, both the bail applications are dismissed”, the court said.
Follow our WhatsApp channel