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Judgment
10 paragraphs · 364 wordsR.S. Garg, J.
Shri Yashwant Tiwari for the applicant of M.Cr.C. No. 2161/2001. Shri Manindra Shrivastava for the applicant of M.Cr.C. No. 2169/2001, Shri Ranveer Singh for the State.
Heard Case diary of crime no.40/99 of police station, Lokayukt, Raipur for an offence punishable under Sections 13(1)(d) and 13(2) of Prevention of Corruption Act read with Section 120B, 420 and 467 IPC perused. This order shall dispose of above referred two cases.
The prosecution allegations are that particular land belonging to a co-operative society was earmarked in the master plan for residential purposes, one A.E. Gabriel played certain fraud when he was occupying the office of officer-in-charge and sold the particular lands for a lesser price showing the same to be agricultural lands. The further allegations are that though the lands were earmarked as residential area, certain interpolations were made in the certificate by the applicant Gaindlal to show that those were agricultural lands and applicant Deepak Tailang despite knowledge of the fact that the land was so earmarked permitted the documents to be registered.
I have gone through the case diary.
The diary though contains the allegations that the documents issued by the Town and Country Planning did show that the land was diverted and was earmarked for non-agricultural purposes but the diary does not contain further evidence that the present applicant Gaindlal himself made the interpolations.
So far as Deepak Tailang is concerned, his defences are that in discharge of his official duties, he received the documents and registered the same.
Taking into consideration the nature of the allegations, character of the evidence so far collected by the prosecution and the defences raised by the applicants, I consider these two fit cases for releasing the applicants.
The petitions are allowed. It is directed that the applicants be released on bail on their furnishing personal bonds in the sum of Rs. 10,000/- each with one surety each in the like amount to the satisfaction of the CJM-Durg for their appearance before the said Court/committal court/trial count trial court or as and where so directed.
It is however made clear that any observation made in this order is for the purposes of these petitions.