A Delhi court dismissed the bail plea of AAP MLA Manoj Kumar on Thursday in a case of alleged cheating and land-grabbing.
Additional Chief Metropolitan Magistrate Saurabh Pratap Singh Laler rejected the bail applications of Kumar and his alleged accomplice Lakhpat, who had claimed that the case against them was politically motivated.
"The case has been given a political colour as he is the MLA of AAP," Kumar's counsel submitted adding that Kumar deserves bail as "he is an MLA and not a terrorist".
Countering the claim, Delhi Police claimed that Kumar was allegedly involved in a serious case of forgery of valuable security, for which the maximum punishment was life sentence.
Advocates Mahesh Sharma and C L Gupta, appearing for the Kondli legislator, said there was no apprehension that he would flee from justice and it was wrong to suggest that he was involved in cheating, as during interrogation it came out that the owner of the plot was a lady named Chandrakala, who had sought his help to sell the land.
The bail pleas were vehemently opposed by special public prosecutor (SPP) Anupam Sharma on the ground that the offences invoked against Kumar include those under sections 467(forgery of valuable security) and 475 (counterfeiting device or mark used for authenticating documents) of the IPC which entail a maximum punishment of life term, and his bail application was misplaced.
The SPP said the CFSL report was "very clear" and stamps and notary's signature were "fabricated".
Kumar's counsel contended there was no forgery and the MLA should be granted bail since all the documents were in the possession of the prosecution and Kumar has been in custody since July 9.
Lakhpat's counsel said no role has been attributed to his client in the FIR and he was only a witness to the execution of the agreement. He argued that Kumar, with dishonest intention, was very clear from the beginning that he has brought fabricated papers.
The SPP also said both the accused should not be granted bail as investigation is at initial stage and several other cases, including molestation, are pending against Kumar. The court had on July 14, sent Kumar to judicial custody till July 25.
The AAP leader was arrested on July 9 for allegedly selling a plot for Rs six lakh in November 2012 to complainant Vinod, who later came to know that the land did not belong to him.
The police had argued before the court that the "fake" documents claimed Kumar to be the property owner and the deal was finalised at Rs 21 lakh, though the real owner of the plot was one Chandrakala who gave a statement to the police saying the property was never sold to Kumar. Kumar is the second law-maker of AAP to be arrested. On June 9, then Law Minister Jitender Singh Tomar was arrested on charges of possessing fake degrees. He had later resigned from the Cabinet and was sent to judicial custody.
Police claimed Kumar's was an old case relating to alleged land fraud which was registered against him last year. A case of cheating was registered against him following allegations that he duped his business partner Vinod of Rs six lakh. Vinod had alleged in his complaint that Kumar used to work as a property dealer before venturing into politics.
Vinod claimed that he was Kumar's business partner and had given Rs six lakh to him to purchase a plot in November 2012 but the property did not belong to him.
