Dismissed
Saifuddin Ahmed v. the State of Assam
Gauhati HCBail Appln./902/2024
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GAHC010063342024 THE GAUHATI HIGH COURT…
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GAHC010063342024 THE GAUHATI HIGH COURT…
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GAHC010063342024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Bail Appln./902/2024
SAIFUDDIN AHMED S/O LATE NASIRUDDIN AHMED R/O ZOO ROAD, TINIALI, BHASKAR NAGAR, BYE LANE 2, H/NO. 40, P.O. BAMUNIMAIDAN, P.S. GEETANAGAR, KAMRUP (METRO), ASSAM, PIN-781021
VERSUS
THE STATE OF ASSAM REP BY THE PP, ASSAM
Advocate for the Petitioner : MR SISHIR DUTTA
Advocate for the Respondent : PP, ASSAM
BEFORE
HON’BLE MR. JUSTICE KAUSHIK GOSWAMI
O R D E R
03.04.2024.
Heard Mr. Sishir Dutta, learned senior counsel assisted by Mr. S. Dutta, learned counsel for the petitioner. Also heard Mr. M.P. Goswami, learned Addl. P.P., Assam for the State respondent.
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This is an application under Section 439 of the Cr.P.C., 1973 for grant of regular bail to the petitioner i.e. Sarifuddin Ahmed who has been arrested on 08.03.2024, in connection with the Crime Branch P.S. Case No.3/2024, under Sections 120(B)/420/468/471/409/419 of the I.P.C.
The facts of the prosecution case is that on 28/01/2024 and 27/01/2024, the complainants, namely, (1) Hirendra Nath Sharma, S/O- Late Prabhat Chandra Sharma of Anubhav Housing Complex, Flat C/2/1 Japorigog Road, Guwahati-5, (2) Hemkanta Deka, S/O- Late Dharmakanta Deka, Rajdhani Apartment, Flat No-103, Block-B, R.G.B. Road, Ganeshguri, P.S.- Dispur, Guwahati- 781006 and (3) Prakash Chandra Barman (71Y), S/O- Late Gobinda Kumar Barman, House No-6, Bylane-1, South Sarania, P.S.- Paltanbazar, Ulubari, Guwahati-781007 lodged complaints before the District Commissioner, Kamrup (M) to the effect that the three brothers i.e. Jakir Ojah, Anup Ojah and Nipul Ojah had grabbed their lands by using forged sale deeds which were purchased by their late fathers. It is the further case of the petitioner that Late Prabhat Ch. Sarmah purchased a plot of land measuring 1 katha, 10 lechas covered by dag No. 1129 and patta No. 1424 situated at village Sahar Sarania Part-2 under Ulubari Mouza in the District of Kamrup (M), Guwahati, Assam from one Late Hari Kanta Barman on 31.08.1950 and his father died on 15.01.2000 who never sold the land to anybody nor did executed any power of attorney in favour of anybody. But surprisingly the plot of land was illegally occupied by one Anup Ojah and his brother Jakir Ojah on the basis of an allegedly forged sale deed bearing No 15065 dated 30.12.2006. It is the further case of the petitioner that Dharmakanta Deka purchased two plots of land measuring total 2 kathas 14 lechas in the year 1951 and 1964 and he died on 07.03.1985.
But the said plot of land was shown sold by Late Dharmakanta Deka on
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07.09.2005 and 28.04.2006 to Jakir Ojah vide registered sale deed No 867/05 and 363/06. It is the further case of the petitioner that Gobinda Kumar Barman had purchased a plot of land on 11.05.1955 from Late Surendra Nath Sharma vide registered sale deed No 2640 and he died on 06.05.2006. But the said plot of land was shown sold by Late Gobinda Kumar Barman on 06.05.2006 to Nipul Ojah vide registered sale deed No 393/06. After receiving the complaints, the District Commissioner, Kamrup (M) got the matter to be enquired by Smti Srishti Singh, IAS. After enquiry, Smti Srishti Singh, IAS submitted the enquiry report to the District Commissioner, Kamrup (M) wherein it was reported that the said lands were fraudulently grabbed by Anup Ojah, Jakir Ojah and Nipul Ojah, who are sons of Late Hasmat Ojah. Also the sale deeds pertaining to the land of Hemkanta Deka and Prakash Chandra Barman were registered at the office of the Sub-Registrar, Panikhaiti which did not have territorial jurisdiction of executing the deeds as the land falls under the Guwahati Circle. After obtaining the said report, the District Commissioner, Kamrup (M) District had forwarded the said matter for registering a case and taking necessary action against the miscreants/erring officials. Accordingly, a case vide Crime Branch PS Case No 03/2024 U/S 120B/420/468/471/409/419 IPC was registered and is being investigated into.
Mr. S. Dutta, learned senior counsel submits that the petitioner who was working as an LDA at the relevant time in the office of the concerned SubRegistrar has been unnecessarily roped in the matter. He further submits that the petitioner has been languishing in the jail since last twenty four days.
Mr. M.P. Goswami, learned Addl. P.P., Assam on the other hand strongly opposes the prayer for bail. He submits that there are sufficient materials available on record implicating the petitioner for the offence alleged. He further submits that
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it is the petitioner who had registered the alleged forged sale deeds.
I have heard the submissions made at the bar and have perused the materials available on record.
It appears that during investigation of the case, from the statement of the complainant Hirendra Nath Sharma, it is learnt that the plot of land which was purchased by his father in the year 1950 was shown sold by one Utpal Chandra Das to Anup Ojah, vide registered sale deed No. 15065 dated 30.12.2006 on the basis of power of attorney bearing No 573/06 after six years of death of original owner Late Prabhat Chandra Sharma, who died on 15.01.2000. The provisional death certificate of Late Prabhat Chandra Sharma and the original power of attorney bearing No 573/06 dated 19.06.2006 was also seized during course of investigation which corroborates the same. It further appears that the informant stated that two adjacent plots, which belongs to Hemkanta Deka and Prakash Chandra Barman were also illegally grabbed by Jakir Ojah and Nipul Ojah, who are brothers of Arup Ojha respectively on the strength of some forged sale deeds.
Accordingly, Hemkanta Deka and Praksah Chandra Barman were also examined and their statements were recorded. During statement recording, Hemkanta Deka stated that his father Dharmakanta Deka purchased two plots of land measuring total 2 kathas 14 lechas in the year 1951 and 1964 and he died on 07.03.1985. The death certificate of Dharmakanta Deka was seized during investigation which corroborates the same. But the said plot of land was shown sold by Late Dharmakanta Deka on 07.09.2005 and 28.04.2006 to Jakir Ojah vide registered sale deed No 867/05 and 363/06 which indicates that the sale deeds are forged. The volume book of Panikhaiti Sub-Register Office pertaining to said deed bearing Volume No 4/06 and 8/05 are also seized in connection
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with the case wherein both the aforesaid sale deeds are found available on record.
Another complainant Prakash Chandra Barman also stated that his father Gobinda Kumar Barman had purchased a plot of land on 11.05.1955 from Late Surendra Nath Sharma vide registered sale deed No 2640 and his father died on 26.02.1990. The death certificate of Late Gobinda Kumar Barman was seized during investigation which corroborates the same. But the said plot of land was shown sold by Late Gobinda Kumar Barman on 06.05.2006 to Nipul Ojah vide registered sale deed No 393/06 which indicates that the said sale deed is forged one. The volume book bearing No 4/06 of Panikhaiti Sub-Registrar Office is also seized during investigation in this regard which corroborates the fact.
It further appears that the informant and other two aggrieved persons filed complaint before the District Commissioner, Kamrup (M), District Guwahati and accordingly and enquiry was initiated, wherefrom it reveals that all the three plots of land are adjacent plot of land and were fraudulently grabbed by the accused persons in a systematic process.
It further appears that there are sufficient materials available against the alleged accused petitioner which shows that they have committed serious offences in violation of the established procedure of law in connivance with other persons.
During custodial interrogation, co-accused i.e., Jakir Ojah has admitted that the alleged offence was committed by him and his brothers Anup Ojah and Nipul Ojah with the help of some other persons such as Govt. Officials. He also admitted that there is no real existence of Utpal Chandra Das and the character of Utpal Chandra Das is a vague one.
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It further appears that it is the petitioner who helped the accused persons in registering the alleged forged sale deeds. Attempt was also made to apprehend the co-accused i.e. Anup Ojha, but he is evading the police investigation. It is abundantly clear from the materials available on record that the accused petitioner has played an active role in the subject land grabbing.
Thus the element of criminality is prima facie evident and it is imperative to unearth the truth. It appears that further detention of the petitioner is required to unearth entire nexus of forgery by which the land was grabbed.
As such the bail application, at this stage, stands dismissed.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner, an LDA implicated in registering forged sale deeds used for land grabbing, should be granted bail under Section 439 CrPC while investigation is ongoing?
2 provisions across 2 enactments
Saifuddin Ahmed
The State of Assam rep by the PP, Assam
Kaushik Goswami
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court