Cr.Misc. M 21982 of 2011 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Cr.Misc. M 21982 of 2011 Date of decision: 20 .10.2011 Raj Kumar Arorar and another petitioner vs State of Haryana. respondent Present:- Mr. Pritam Saini, Advocate. Ms. Shalini Attri, DAG, Haryana M.M.S.BEDI, J. The petitioners seek the concession of regular bail in a case registered at the instance of Ajay Kumar claiming that the plot of his mother Prem Wati had been fraudulently transferred by a forged sale deed dated 4.11.2010 on the basis of one forged power of attorney in the name of M.K. Vijay, which was executed from Saharanpur. In the said fake power of attorney, Prem Wati, mother of the complainant was shown to be grand mother of Rajesh Kumar Diwedi. The said plot was sold by M.K.Vijay in favour of his daughter Smt. Veena R Menon for a sum of Rs.42.50 lacs. The petitioners have been involved in the case on the basis of a confessional statement of the co-accused to the effect that bargaining of the plot was done by the petitioners 1 and 2 and petitioner No. 2 was also aware of the fact that the papers of the plot were forged and fabricated. A sum of Rs.13.50 lacs was transferred from the account of Smt. Veena R Menon to the account of petitioner No.2, being her share. Learned counsel for the petitioners has submitted that the co- accused of the petitioners has been granted the concession of bail. There Cr.Misc. M 21982 of 2011 2 is no direct evidence against the petitioners. It has been submitted that there is no connection of the petitioners with the fraudulent transfer of the plot of the complainant. I have heard learned counsel for the parties and gone through the record of the case. The plot of complainant's mother seems to have been fraudulently got transferred by the land grabbers by playing a fraud. The participation of the petitioner No.1 is apparent from the fact that petitioner No.1 was a witness in the Will, executed by Rajesh Kumar Dewadi in favour of M.K.Vijay. A sum of Rs.13.50 lacs has been transferred in the account of petitioner No.2 Komal Arora. Apparently it is petitioner No.1, who has played an active role in preparation of fake documents and transferred the benefits in the account of his wife. Petitioner No.2 being a lady having been in custody since June, 2011, can be granted the concession of bail as her role in playing fraud with the complainant and others will be debatable during trial. Accordingly, petition qua petitioner No.2 Komal Arora is allowed and she is ordered to be released on bail on her furnishing bail bond/ surety bonds to the satisfaction of the trial court. Petitioner No.1 has played an active role in depriving the rights of the original owner Prem Wati. No ground is made out for grant of bail to petitioner No.1 at this stage. Petition on his behalf is dismissed with liberty to him to approach this court again after expiry of some more time. October 20 , 2011 (M.M.S.BEDI ) TSM JUDGE