IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M- 25544 of 2008 Date of decision: March 23, 2009 Gaurav (minor) ….. Petitioner Versus State of Punjab and Others. ….. Respondent Present: Mr. Jashandeep Singh Sandhu, Advocate for the petitioner. Mr. Ajay Singh Ghangas, DAG, Haryana. Mr. N.K. Sanghi, Advocate for the complainant (Krishan Kumar). *** S.S. SARON, J. Heard counsel for the parties. The petitioner seeks regular bail in a case registered against him for the offences under Sections 419, 420, 465, 467, 468, 471 and 120-B IPC. The FIR has been registered on the statement of Krishan Kumar complainant. It is submitted that Ashok Kumar along with the accused submitted an application to the Assistant Estate Officer for obtaining information regarding actual position of the plot/land. A letter dated 13.11.2007 was issued by the Assistant Estate Officer in the name of Ashok Kumar. On 13.11.2007 itself the accused jointly submitted an application to the Tehsildar, Panipat in the name of Ashok Kumar. Thereafter, on 26.11.2007, Rajesh Khurana Patwari, Sanjeev, Ravi Kumar, Hitesh, Surinder etc. by conspiring with each other filed a false and fabricated statement and got a FIR registered. The complainant Krishan Kumar also came to know that the said accused were trying to alienate the plot and divide its sale consideration between Crl. Misc. No. M- 25544 of 2008 [2] them. It was alleged that Ashok Kumar was a fake owner of the plot and was closely related to Rajesh Khurana, Patwari. The name of the petitioner admittedly does not figure in the FIR. Besides, it is admitted case of the parties that he is a minor. During investigation, it was found that a plot measuring 2 bighas 13 biswas within the Revenue Estate, Patti Insar, Panipat was owned by Krishan son of Jai Bhagwan, Saroj wife of Jai Bhagwan and Jai Bhagwan son of Mange Ram. Ashok Kumar had produced three persons before Sub Registrar who impersonated themselves as Krishan son of Jai Bhagwan, Saroj wife of Jai Bhagwan and Jai Bhagwan son of Mange Ram and got the sale deed executed of the said plot and registered it in his (Ashok Kumar’s) name on 6.11.2007. The role attributed to Gaurav (petitioner) who is a minor is that he impersonated as Krishan Kumar. The petitioner is in custody since 16.5.2008. The case is triable by the Magistrate of Ist Class. His further custody is not required for the purposes of investigation. The trial in the case is likely to take time and it is to be established whether petitioner impersonated as Krishan Kumar. Accordingly, the Crl. Misc. petition is allowed and the petitioner on his furnishing personal bond and surety to the satisfaction of the learned trial Magistrate shall be admitted to bail. (S.S. SARON) JUDGE March 23, 2009 amit