HC terms offence heinous, cancels anticipatory bail
Srinagar: The J&K High Court on Thursday set aside anticipatory bail to three persons, including a man who has allegedly played fraud on his sister by presenting wife instead of her before a court in Baramulla to execute mortgage deed of her land and availed a loan for Rs 64 lakh from J&K Bank.
Disposing of a petition filed by Meerana Begum, a single bench of Justice Ali Mohammad Magrey also termed granting of anticipatory bail by Sessions Judge Baramulla to the accused persons as mischarge of justice.
“The Principal Sessions Judge, Baramulla, while dealing with the matter, has not taken note of the gravity and heinousness of the offences alleged to have been committed by accused persons on the societal fabric, thereby causing miscarriage of justice,” the court said and set-aside session judge’s orders, granting absolute anticipatory bail to the accused on 24 December last year, six weeks after dismissing their plea for the bail.
Meerana Begum stated in the plea before the high court that she inherited some land after father’s death and it was mortgaged by her brother with J&K Bank by impersonation and fraud.
Begum said that her brother presented his wife in her place before court of Sub-Registrar to execute the deed on 10 September 2013. When she came to know about the fraud, Begum filed an application before Judicial Magistrate Boniyar and got an FIR (09/2016 under RPC Section of 420 and 468) lodged with police station Bijhama Uri.
Her brother and other accused approached the Principal Sessions Judge for bail but it was dismissed by on 11 November last year.
The accused, she said, then filed another petition for grant of anticipatory bail which was allowed by the Sessions Judge on 26 November and made absolute on December 24 “that too without assigning any reason.”
On her petition, the high court had issued notice, calling for police’s response which revealed that on 10 May 2016, police station Bijhama received a court order along with Begum’s application from Judicial Magistrate Boniyar for registration of FIR.
In the application, she has named fourteen persons who “jointly and in league with one another” managed to get her land mortgaged with J&K Bank Business Unit, N.S. Road Srinagar, and availed loan “up to Rs.64.50 lakh.”
“The registered deeds’ has photographs and thumb impressions of Shareena Begum (wife of Meerana Begum’s brother) and in this regard the marginal and identifying witnesses to these documents have played fraud with the court of sub-registrar,” Meerana’s counsel told high court. The counsel said revenue officials who were officiating in the concerned area, have without consent or intimation Meerana issued revenue extracts in favour of the loan borrower.
Meanwhile, advocate M. A. Chashoo, representing accused, undertook before the court his clients will appear before the Sessions Judge Baramulla, on Saturday (4 February).
“In the event (accused) cause appearance before Sessions Judge, Baramulla, with a fresh motion for grant of bail on 4th February, the (Judge) shall consider the matter in terms of applicable rules and norms, after hearing all the parties and recording reasons and pass fresh orders,” the high court bench said.
“It is made clear that in the event (accused) do not put in attendance before Sessions Judge, they shall be arrested by the concerned police,” the court said.