Jayanta Deka v. The State of Assam

ORDER

04.03.2024

¶1Heard Mr. A. Hasan, learned counsel for the petitioner. Also heard Mr. K.K. Parasar, learned Additional Public Prosecutor for the State of Assam. Page No.# 2/11

¶2This application under Section 438 of Code of Criminal Procedure, 1973, has been filed by the petitioner, namely, Jayanta Deka, who is apprehending his arrest, in connection with Geetanagar P.S. Case No. 309/2023, registered under Section 120(B)/448/468/417/420/406/409 of the Indian Penal Code.

¶3The complainant i.e., Dr. Koumudi Kumar Raychoudhury lodged an FIR on 29.11.2023 stating that his father, late Paramananda Raychoudhury had bought a plot of land in the year 1968 measuring 2 katha 10 lechas under Beltola Mouza No. 1 Japorigog village bearing Patta No.- 63 Dag No.- 485 from Kaliprasad Barua, Bhabani Prasad Barua, Devi Prasad Barua, Radhika Prasad Barua, Satya Prasad Barua, Tara Prasad Barua and Elini Barua vide registered Sale Deed No. 6200 dated 13.07.1968 and by way of mutation by deed registration had also mutated his name in the above mentioned plot of land. It was further stated that the informant's late father had constructed an Assam Type house in the aforesaid plot of land and had also acquired the electricity connection in his name and after his death, the electricity connection has been transferred to the informant's name. His father expired on 25/12/2001 and after his death, the informant have been looking after the aforesaid plot of land. Since 1968 he had been enjoying his rights over his ancestral property. It was further stated that on 16/12/2022 he was informed by his neighbour that some unknown persons illegally trespassed in his property and started to cut the trees in order to illegally grab the informant's aforementioned plot of land. As the informant was not present in Guwahati that day, he went to Geetanagar Police Station on the next day and lodged an FIR against the person who had illegally grabbed his plot of land, namely Raju Mech, R/o Manalisha Path, Mother Teressa Path, Rajani Enclave. It was further stated that in the Police Station, the Page No.# 3/11 informant came to know that Mr. Raju Mech is a PWD Contractor and he had brought the aforementioned plot of land from one Mrs. Nibha Barua, the then President of Nalbari District vide registered Sale Deed No. 27519 dated 14/12/2022. In the Police Station, the informant also saw the Sale Deed vide which Mrs. Nibha Barua had brought the plot of land from Devi Prasad Barua and this Sale Deed is a registered Sale Deed which has been registered in the year 1987 (Sale Deed No. 400). The informant thereafter had applied for the certified copy of the Sale Deed before the Sub Registrar Office in Guwahati and after receiving of the same, he observed that there were lot of differences between the certified and the original Sale Deed of Mrs. Nibha Barua. In the said deed of 1987 bearing Sale Deed No. 400, the value of the stamp paper has been shown as 200+200+200+100= 700 but on the other hand, the value of the first page of the original deed of Nibha Barua has been shown as Rs. 500. As such he became sure that this Sale Deed is fake. On the other hand, Nibha Barua had bought the said plot of land in the year 1987 but had done the mutation and partition in the year 2021 and 2022. After the settlement, it is stated that the informant's Dag number has been changed to Dag No.599 and Mrs. Nibha Barua had mutated her name in the said Dag number and had also done the partition and has acquired a separate Patta in the same Dag number. This partition case has been registered (case no 34506/2021-22) in Dispur Circle Office and in that partition case, Devi Prasad Barua has been projected as an alive person by the Jarikarak and notice has been sent to him and report has been submitted by him, wherein Devi Prasad Barua had died in the year 2005. It is stated that there are people who has forged the signature of Devi Prasad Barua. Further it is stated that a great fraud and forgery has been done in the registration case, mutation case, partition case and in Deed No. 400, wherein Page No.# 4/11 Mr. Raju Mech, Mrs. Nibha Barua and her son Gaurov Barua are connected with the fraud. Further it was alleged that they all together took the benefit of the informant's old age to occupy the informant's land and prevented him from enjoying his rights over his ancestral property. Accordingly, a case was registered.

¶4Mr. Mr. A. Hasan, learned counsel for the petitioner submits that the accused petitioner is not named in the FIR and that he has been working as an Assistant to one Shri Mrinal Bhuyan, who is a petition writer, based in Guwahati, who used to visit the Sub-Registrar office and circle offices including Dispur Revenue Circle for professional obligations and the present petitioner also used to accompany him to such visits to circle offices.

¶5Mr. K.K. Parasar, learned Additional Public Prosecutor, on the other hand, strongly opposes the prayer for regular bail. He submits on the basis of the case diary received that there are sufficient materials implicating the role of the accused/petitioner in the offence alleged. He further submits that the investigation is not being able to complete because the petitioner is absconding and not co-operating with the investigation.

¶6I have heard the submissions made at the bar and perused the materials available on record including the case diary placed before this court.

¶7It appears from the case diary that during the investigation of the case, it could be known that in the year 2021 the custodial arrested involved accused Vimal Bongjang, who usually deals in land related matters to earn commission from buyer or seller had noticed the vacant plot of land located at Hatigorh Chariali, which was used for Scrap-Business that too in a prime location surrounded many apartments. It further appears that he engaged one Page No.# 5/11 of his associate Pradip Bhuyan to identify the actual owner of the plot of land to make proposal for sale of the same with lucrative price. Accordingly, Pradip Bhuyan met Shah Alom, who run Scrap-Business in the subject plot of land and came to knew from him that the plot of land is in his possession, although the owner is doctor Kummudi RoyChoudhury(informant herein). It further appears that from the statement of the accused Shah Alom that the plot of land was at first given to his uncle Mamtaz Ali in 2005 to run the Scrap Business @ Rs. 10,000/- per month to the informant. Thereafter, his elder brother Puran Ali was running the Scrap Business from 2011-2014 and from 2014 to 2021, Shah Alom was running the business and lawfully he can claim the plot of land as the same is in their family's possession for more than 15 years. It further appears that Shah Alom thereafter told Pradip Bhuyan that the said plot of land can be grabbed and sold by preparing fake documents without the consent of the informant and by not letting him enter in his plot of land, who is also old aged simple person and also said that he will take more money if the land is sold as the same is in his possession.

¶8It further appears that the involved arrested accused Pradip Bhuyan shared the cruel idea with his associates viz-1) Vimal Bongjang, 2) Gaurav Barua and 3) Sanjay Boro and all of them agreed to go ahead to grab the plot of land and sell the same to earn money. Thereafter, they met Jayanta Deka, i.e. petitioner herein(Muhuri, at Sub-Registrar Office) and Biswajit Kalita (assistant of Jayanta Deka) and discussed the plan to grabbed the plot of land and accordingly, Jayanta Deka(petitioner herein) told them the need of one fake 'Sale Deed prior to 1989 i.e. before Land Settlement period to serve the purpose. Then, Jayanta Deka(petitioner herein) demanded Rupees 3,00,000/- (three lakhs) from them so as to fulfill the task of procuring fake 'Sale Deed" in Page No.# 6/11 some of their name and for managing the higher officials of Sub-Registrar Office. Thereafter, the accused persons discuss the name for the fake Sale Deed and at first Pradip Bhuyan and Sanjay Boro refused to give their names for the fake 'Sale Deed' citing that they are not local of Zoo Road area, Vimal Bongjang being local Karbi guy will not serve the purpose and Gourav Barua is too young to get fit in fake 'Sale Deed prior to 1989. Then, Pradip Bhuyan suggested the name of Gourav Barua's mother for the fake 'Sale Deed and Gourav Barua agreed for the same with a condition to take more money if the land is sold as he is risking his mother's name.

¶9It further appears that Jayanta Deka(petitioner herein) managed to prepare one fake Sale Deed vide Sale Deed No.400, dated-21/2087 wherein in is noted that Gourav Barua's mother Smti Nibha Barua purchased the said plot of land from Devi Prasad Barua in the year 1987. Then, Vimal Bongjang, who was well acquainted with the officials of the Sub-Registrar Office accompanied by his associates Pradip Bhuyan, Gourav Barua, Sanjay Boro, Jayanta Deka (petitioner herein) and Biswajit Kalita (assistant of Jayanta Deka) approached Home Guard Pankaj Das of Sub-Registrar Office, Kamrup (Metro) who was posted as Security Guard of Record Room and narrated the plan to grab a plot of land at Hatigarh Chariali and ask for his help with a promise to give him hefty amount for the same and he agreed to help them. Then, after someday, Biswajit Kalita met Pankaj Das and told that he is being directed by Jayanta Deka (petitioner herein) to tell him to take out the last blank pages of Volume Book No. 09/89 and handed over the same to him. Accordingly, Pankaj Das took out two blank pages of the said Volume Book and handed over the same to accused Biswajit Kalita and thereafter, the same were handed over to accused Jayanta Deka(petitioner herein) outside the Sub-Registrar Office. Page No.# 7/11 Thereafter, accused Jayanta Deka (petitioner herein) copied the fake Sale Deed No. 400/87, dated-21/2/87 in the blank pages of the Volume Book No. 09/89 and after copying the same in the blank pages Jayanta Deka (petitioner herein) directed his assistant accused Biswajit Kalita to paste the same in the Volume Book No. 09/89 and accordingly accused Biswajit Kalita pasted the same.

¶10It further appears that as per deal Vimal Bongjang and his associates met Pankaj Das at Sub-Registrar Office and handed over Rupees 3,00,000/- (three lakhs i.e., six bundles of 500 rupee note) in the Office premises near the common toilet in presence of accused Jayanta Deka (petitioner herein) and accused Biswajit Kalita. Then, after taking the money accused Jayanta Deka (petitioner herein) gave Rs. 10,000/- (ten thousand) to Pankaj Das, and Rs. 50,000/- (fifty thousand i.e. one bundle of 500 rupee note) to his assistant accused Biswajit Kalita. The accused Jayanta Deka(petitioner herein) also said that he will have to manage Sr. Sub-Registrar Nirhandra Thaosen, Sub-Registrar (A) Ranjit Choudhury and other staffs to procure certified copy of the fake Sale Deed No. 400/87, dated-21/2/87 and produce the same to Vimal Bongjang and his associates.

¶11It further appears that the involved arrested accused persons took out the certified copy of fake Sale Deed No. 400, dated-21/02/1987 from Sub-Registrar Office by involving Bharat Deka (Peon of Sub-Registrar Office) by bribing him with Rs.2000/-, Then, on the strength of certified copy of fake Sale Deed, "Mutation" of the mention plot of land was done in the name of Smti Nibha Barua at Circle Office, Dispur Revenue Circle after due official procedure of hearing under taken by the Circle Officer. The accused retired Lat Mandal Khargeswar Das took Rs.30,000/- from the accused persons to prepare Field-Visit report by Lat Mandal and Bhobesh Talukdar (Zarikarok) took Rs.5000/- for Page No.# 8/11 serving notice in the name Late Devi Prasad Barua in the year 2021 whereas Devi Prasad Barua died in the year 2005. Subsequently, after Mutation of the plot of land "Batuwara" was done in the year 2022 as per due official procedure under taken by the Circle Officer and thereafter in the same year the said plot of land was sold to one Raju Mech for Rupees 2,54,00,000/- (two crore fifty-four lakhs) out of which (1) Vimal Bongjang got Rs. 35,00,000/- cash, (2) Gourav Barua took Rs. 55,00,000/-cash and Rs. 80,00,000/- in cheque, (3) Shah Alom took Rs. 30,00,000/- cash and Rs. 40,00,000/- in cheque, (4) Sanjay Boro took Rs. 30,00,000/- cash and 5) Pradip Bhuyan took Rs. 20,00,000/-cash.

¶12It further appears that during the investigation of the case, that the Investigating Officer visited the Office of the Sub-Registrar, Kamrup (Metro) so as to unearth the facts of the case. It appears that the Investigating Officer, by entering the Record Branch officially scrutinized the Volume Book No. 51/68, Volume Book No. 09/89 and Volume Book No. 10/89 and after going through the Volume Books, it has come to light that in the Volume Book No. 51/68 pages no. 113 to 116 are missing. Thereafter, the Investigating Officer collected the authenticated report from Deputy Sub-Registrar, Kamrup (Metro) wherein as per Index Book of 1968, reference of Sale Deed No. 6200 and page no. 113 to 116 are found written. Thereafter. The Investigating Officer scrutinized the Volume Book No. 09/89 and found that in the pages 149 to next page (which is not numbered) the records of Dolil/Sale Deed No. 400/87 were written in the said Volume Book but the link used to write the same were found to be suspicious which visibly looked fresh in comparison to the other copied records whose ink faded that were written back in 1987. The records copied in Volume 1089 were written with the same ink as that of 1987. Hence, the Volume Books are needed to be sent to the Directorate of Forensic Science Laboratory for expert opinion Page No.# 9/11 of the same to unearth the facts of manipulation of the same. Secondly, by entering the R.KG (Register Kannan Gou) Branch officially scrutinized the Draft Chitta Book of 1986 and found that the name of Late Parmananda RayChoudhury having the said plot of land from Kali Prasad Barua is available but the details of Smti Nibha Barua buying the said plot of land from Devi Prasad Baruah in Draft Chitta Book of 1987 is not found.

¶13It further appears that during the investigation of the case, that the Investigating Officer visited the Office of the Circle Officer, Dispur Revenue Circle and collected the original documents pertaining to official process of Namaan Matanon of the mention plot of land in the name of Smti Nibha Barua and seized accordingly in connection with the Case. On scrutiny of the same, in the Zamabandi Nama, it has been found that on the basis of the verification report submitted by Lat Mandal Khargeswar Das, the then Circle Officer, Dispur Revenue Circle, Sri Bharat Konwar, ACS, passed an order vide Mutation Case No. MET/DIS/2021-2022/1976/OMUT/OMUT-BL. The Mutation was done in the name of Smti Nibha Barua, D/O. Late Lakhi Prasad Barua by inheritance whereas Late Bidadhar Barman was the father of Smti Nibha Barua and as revealed by accused Gourav Barua his mother is not related to Devi Prasad Baruah family. But contradictorily it has been noticed in the photostat copy of Dolil Sale Deed No. 400087, that Smti Nibha Barua had bought the mentioned plot of land from Devi Prasad Baruah not inherited. Further, in the copy of Notice served by Sri Bhobesh Das, Zarikarak of Dispur Revenue Circle, it is seen Devi Prasad Baruah had received the copy of 'Notice on 12/01/2022 but ironically Devi Prasad Baruah died in the year 06/07/2005 which is evident as per Death Certificate of Devi Prasad Baruah. Hence, the process of Mutation of the mention plot of land is found to be doubtful and prepared fraudulently by Page No.# 10/11 the involved accused persons by manipulating the actual facts.

¶14It further appears that during the investigation of the Case, the involved accused persons viz (1) Gourav Barua (2) Khargeswar Das (retired Lat Mandal of Dispur Revenue Circle). (3) Vimal Bongjang (4) Shah Alom (5) Sanjay Boro, (6) Pradip Bhuyan (7) Pankaj Das (8) Bharat Das (Peon of Sub-Registrar Office) (9) Bhobesh Talukdar (Zarikarok of Dispur Revenue Circle) and (10) Nirhandra Thaosen (then Senior Sub-Registrar, Kamrup (Metro) now Deputy Registrar, Nagaon) were arrested in connection with the Case and forwarded to Judicial custody. During interrogation the arrested accused persons vividly stated that the involved accused persons viz- (1) Jayanta Deka (petitioner herein) and (2) Biswajit Kalita who are intentionally evading Police arrest had prepared fake Sale Deed No. 400/87, dated-21/2/87 and manipulated the Volume Book No. 5168 & Volume Book No. 09/89 to facilitate the crime. It further appears that the during the investigation of the case several attempts had been made to arrest the involved accused person Jayanta Deka(petitioner herein). It further appears that, upon thorough house search of the accused person Jayanta Deka(petitioner herein), huge numbers of blank non-judicial stamp Paper were recovered which indicated that he continuously deal with forgery of recorded such land records. Further, one half torn money donation receipt (Rupees 6000/- in the name Vimal Vongjang was also recovered from the house of accused person which cleared the fact that Sri Jayanta Deka(petitioner herein) has a special relation with the arrested accused person Vimal Vongjang.

¶15In view of the above, the custodial interrogation of the petitioner, i.e. Jayanta Deka is very important to take the investigation of the case to its logical conclusion. Further, it is worthy to mention herewith that the root cause Page No.# 11/11 of the crime was committed based on the fake Sale Deed No. 400/87, dated-

21.02.87 prepared by petitioner/accused Jayanta Deka and the original of the same is yet to be recovered which is essential for the wide significance of the Case.

¶16As such, the court is of the considered view that the petitioner has failed to make out the case for grant of anticipatory bail application.

¶17Accordingly, prayer for Anticipatory Bail is rejected.

¶18This disposes of the Anticipatory Bail application.

JUDGE Comparing Assistant

Page No.# 1/11 GAHC010287992023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/4272/2023 JAYANTA DEKA S/O SADHIRAM DEKA R/O VILL- ATHGAON P.O. HINGUL P.S. KAMALPUR DIST. KAMRUP, ASSAM PIN-781380 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N HASAN Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI