Court Rejects Bail Plea of Man Accused Of Selling Land Belong To Others


Court Rejects Bail Plea of Man Accused Of Selling Land Belong To Others

Srinagar, Dec 19 (TAN): A court here has rejected anticipatory bail application of a man accused in a case involving selling off a piece of land that did not belong to him or co-accused person.

The accused, Ghulam Mohi-ud-Din Dar, in league with another accused Kanwal Khrishan Dhar alleged played fraud with one Azhar Hussain Bhat of Chanpora.

As per prosecution, Bhat was given an offer by the accused Ghulam Mohi-ud-Din Dar of Jalwalapora Budgam to purchase a patch of land measuring two Kanal three Marlas at Rajbagh Srinagar on the agreed sale consideration amount of Rs. 4.50 Crores from the owner of the land who introduced himself as Kapil Dhar of Rajbagh Srinagar.

As per Bhat, he along with other witnesses and accused Ghulma Mohi-ud-Din Dar went to Jammu where the accused introduced him to “Kapil Dhar” who showed a revenue extract of the land under Khasra No. 120 Khewat No. 830. The deal was finalized with the accused persons for an amount of Rs. 4.5 Crores.

Bhat also alleged that he paid Rs. 44 lacs into the account of “Kapil Dhar” through online transactions as well as vide cheques and also Rs. 35 lacs were paid in cash through accused Ghulam Mohi-ud-Din Dar.

Bhat further alleged that thereafter he asked accused Ghulam Mohiud-Din Dar to execute formal sale deed pertaining to the land, however the same was delayed. He further submitted that the co-accused had impersonated himself as Kapil Dhar in league with accused Ghulam Mohi-ud-Din Dar when in fact his real name is Kanwal Khrishan Dhar of Rajbagh Srinagar at present Nanak Nagar Jammu.

Bhat said that he has been cheated by the accused persons by committing fraud and impersonation. Accordingly Bhat filed a case with Crime Branch Kashmir. During enquiry the statement the bank statements of Bhat and accused Kanwal Krishan Dhar and Ghulam Mohi-ud-Din Dar were obtained from the concerned bank branches and also the documentary proof which Kanwal Khrishan Dhar had produced before the bank authority at the time of opening of account in Canara Bank Branch Unit Shalimar Road Jammu.

“On perusal of the documents, it came to fore that Kanwal Khrishan Dhar had produced driving license and election card in the name of House No. 361, Shopkeeper at Rugunath Bazar Jammu,” Crime Branch said, adding, “During enquiry the revenue extract regarding the land under survey situated at Kursoo Padshahibagh, Rajbagh, Srinagar was also obtained and the statement of the concerned patwari was recorded.”

As per revenue records and the statement of the concerned Patwari, the land in question is the property of Mander Shri Ramesh Wajee and is recorded in revenue records in the name of Kanwal Dhar and Darshan Dhar sons of Prithvi Nath on lease deed for a period of 99 years.

“The probe conducted has prima facie established that the accused in league with each other and by forging identity have cheated the complainant and sold him the land that did not belong to them which has prima facie established that the accused are involved in commission of offences punishable under section 419, 420, 120-B IPC,” observed Mohammad Ashraf Bhat, Judge of Court Of 2nd Additional Sessions Judge, Srinagar, in the order, a copy of which lies with TAN.

“Keeping in view all the facts and circumstances of the case, the application at hand for grant of bail in anticipation of arrest is refused and the application is rejected accordingly,” the court added.(TAN)


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