Nanak Chand Sharma vs The State

Headnote AI-drafted · Reviewed and approved

The petitioner sought anticipatory bail under Section 438 of the Code of Criminal Procedure in connection with FIR No. 837/2023 registered at P.S. New Ashok Nagar under Sections 420, 467, 468, 471, and 120B of the Indian Penal Code. The FIR arose from allegations of cheating and forgery in respect of plots of land situated at New Ashok Nagar, Delhi, wherein the accused persons were alleged to have conspired to claim false ownership over land measuring 330.4 sq. yards by preparing and filing forged documents in Karkardooma Courts.

The Senior Counsel for the applicant contended that the only material available against the applicant consisted of statements of co-accused persons, and that the applicant was not a beneficiary of any of the allegedly forged documents. It was further argued that the ground of custodial interrogation for recovery of original documents was untenable since copies of those documents were already on record in the civil suits filed by co-accused persons.

Reliance was placed on the Supreme Court's decision in Mahabir Mandal and Ors. v. State of Bihar, AIR 1972 SC 1331, to contend that statements made by co-accused to police during investigation are not admissible as substantive evidence under Section 162 of the Code of Criminal Procedure. The matter appears to have been heard and an order passed, the full operative portion of which is not reproduced in the extracted text.

Catchwords: anticipatory bail · cheating · forgery · forged documents · co-accused statements · custodial interrogation · Section 162 CrPC · admissibility of evidence · land dispute · civil suit · conspiracy