Criminal Procedure Code, 1973
Section 438—Anticipatory bail—Conspiracy to cheat and forgery of documents in property deals—FIR registered under Sections 420/467/468/471/474/120B of IPC—Status report filed by investigating agency clearly reveals the chain of ownership of the plot in question—Prima facie the plot in question had been sold by accused persons in connivance with each other by executing registered and unregistered GPAs through which they have first sold the properties to each other and thereafter, to cheat the complainant, have sold it to her, knowing fully well that property in question does not belong to them but actually been sold to some other person—Statements of witnesses and complainant reveal that deal regarding sale of property in question was signed in the office of present accused/applicant—Investigation also revealed that cheque paid in the name of company of which accused projected himself to be a director of—Investigation is at initial stage, the accused has still not joined investigation, custodial interrogation of the present accused is required to not only unearth the conspiracy hatched by him along with other accused persons but also for finding the trail of money and bank accounts wherein alleged cheques in question were deposited—Accused persons have to be confronted with each other as well as with the complainant and accused/applicant is required for further investigation of the case at this stage—Application dismissed.
[Paras 6 to 9]
Decision : Application dismissed