Junumani Sharma vs State Of Assam

The Court proceedings have been conducted through remote video conferencing mode due to the prevailing situation in the State due to Covid-19

pandemic.

Heard Mr. S. Islam, learned Counsel for the petitioner and Mr. M.P. Goswami, learned Additional Public Prosecutor for the respondent State of

Assam.

Mr. Islam has referred to the FIR and the other documents annexed to the application including the averment made in the paragraph 4 of the

application.

Mr. Goswami on the other hand has referred to the materials available in the case diary, collected during the course of investigation carried out so

far.

The informant is one Smti. Jinumoni Devi Sharma who lodged the FIR on 29.09.2020. As per the FIR, a plot of land was purchased by her vide

Sale Deed no. 813/2005 dated 17.06.2005. After the purchase, she got her name mutated in the revenue records. In course of time, she came to know

that the said plot of land had been sold by another sale deed registered in the office of Sub-Registrar, Tinsukia. On receipt of a copy of the subsequent

sale deed, she came to know that the person named Sri Kanak Chetri, Smti. Pratima Chetri and Sri Shankar Sharma were involved in the subsequent

sale deed, executed and registered in a fraudulent manner. After the said execution by a fraudulent sale deed, the said plot of land was again sold to

Smti. Sushila Devi, Sri Sanjay Sah and Sri Ganga Sah who, in turn, had sold the plot of land again to one Sri Sunil Kumar Sah.

From the materials in the case diary as well as from the order dated 12.02.2021 passed in AB no. 3177/2020, preferred by Kanak Chetri and

Pratima Chetri, it is prima facie evident that Sri Shankar Sharma was the ex-husband of the informant, Smti. Jinumoni Devi Sharma. After separation

of Sri Shankar Sharma and the informant, Smti. Jinumoni Devi Sharma, Sri Shankar Sharma married another lady named Smti. Junumoni Sharma (the

petitioner). It is said Smti. Junumoni Sharma (the petitioner) i.e. the second wife of Sri Shankar Sharma who impersonated herself as the informant

viz. Smti. Jinumoni Devi Sharma to execute and register the subsequent sale deed whereby the plot of land was sold to Smti. Sushila Devi, Sri Sanjay

Sah and Sri Ganga Sah. The plea taken in paragraph 4 of this application is to the effect that Sri Shankar Sharma told the petitioner that there is a plot

of land in her name and believing the same, she had executed the sale deed.

By the aforesaid sale transaction, it is prima facie evident that the informant has been cheated by the petitioner in collusion with a number of

persons and had fraudulently deprived the informant from receiving the sale consideration and had also deprived her from the ownership of the plot of

land.

In such view of the matter, this Court finds that this is not a fit case to grant the privilege of pre-arrest bail to the petitioner. Accordingly, by

recalling the interim order dated 27.05.2021, this application is rejected.