Srinagar: Setting aside order of Principal Sessions Judge (PSJ) Baramulla granting bail to three persons booked in a forgery and fraud case, Jammu and Kashmir High Court asked the court to consider the matter in terms of applicable rules and norms, and pass fresh orders after hearing all the parties and recording reasons.
One Meerana Begum has filed a petition in the HC challenging the order of PSJ dated November 24, 2016 making anticipatory bail of accused absolute that too without assigning any reason.
In her petition, she pleaded that the material submitted by the police before the court had clearly mentioned that accused persons played fraud with the court of Sub-Registrar and by impersonation and fraud got registered two mortgage deeds.
A single bench of the HC comprising Justice Ali Mohammad Magrey set aside PSJ order of granting absolute bail to three accused, booked by police for forgery, fraud, perjury, impersonation and other deceitful means.
She had pleaded through her counsel Asif Ahmad Bhat before the court that the land she inherited after death of her father was mortgaged with a bank by his brother without her knowledge and the mortgage deed was executed and registered at the court of Sub Registrar by impersonation and forgery in her absence.
She further said that her brother presented his wife in the court and introduced her as his sister (Begum) before the court and got the mortgage deed registered on the basis of fraud and forgery. She said it was an impersonation and she had never appeared before the court of Sub Registrar, where the deed was executed.
She said once she came to know about fraud played by his brother with her as well as with the court of Sub-Registrar, she lodged a case (FIR no.09/2016) under sections 420, 468, 419, 467 of RPC at Police Station Bijhama, Baramulla against the accused.
However, the court of PSJ Baramulla granted them anticipatory bail which later was made absolute that too without assigning any reason on November 24 last year though the report by police revealed that the accused persons were involved in the offence and the investigation was at its infancy, which was not considered by the court.
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