Madhya Pradesh High Court
Yusuf vs State Of M.P. on 6 November, 2020
Author: Vivek Rusia
Bench: Vivek Rusia
-1- MCRC No.43446/2020
HIGH COURT OF MADHYA PRADESH,
BENCH AT INDORE
MCRC NO.43446/2020
Yusuf s/o Nawab Shah vs. State of M.P
06.11.2020: (INDORE):
Shri Vijay Sharma, learned counsel for the applicant.
Shri Manish Gupta, learned Panel Lawyer for the
respondent/State.
Heard learned counsel for the parties through video conferencing.
This is the first application filed under section 439 Cr.P.C seeking bail in connection with Crime No.1162/2019 registered at police station Khajrana, district Indore for the offence punishable under sections 420, 467, 468, 471, 34 & 120-B of the IPC and under section 292(c&(d) of the M.P Municipal Corporation Act.
As per prosecution story D.S.Gundiya, Building Officer, Zone No.8, Indore Municipal Corporation submitted a written application dated 11.11.2019 in the police station Khajrana, Indore for registration of FIR in respect of illegal development of a colony in the name of Sai Shradha Palace on the land bearing survey No.124 & 125/1, area 1.287 hectares, situated at Gram Khajrana. According to the complaint, applicant Yusuf Shah and Yunus Khan are illegally selling plots to the innocent public without there being a colonizer license, development permission and diversion order from the competent authority which is punishable under section 292 of the Municipal Corporation Act. The FIR was registered under Crime No.1162/2019 for the offence punishable under sections 292 (c) & (d) of the Municipal Corporation Act. The co-accused Yunus Khan was arrested on 23.12.2019. His statement under section 27 of the Evidence Act was recorded. Later on, in the investigation it was revealed that the land -2- MCRC No.43446/2020 bearing survey No.124, 125/1, area 1.287 hectares are recorded as government ceiling land in column-12 of the Khasra register, therefore, offence under sections 420, 467, 468, 471, 34 & 120-B of the IPC has been added. The present applicant was arrested on 05.08.2020, hence the present application for bail before this Court.
Learned counsel for the applicant submits that the land bearing survey No.124 & 125/1 was initially owned by one Ganni s/o Kaluji and the proceedings under the Urban Land Ceiling & Regulation Act, 1967 were initiated against him on 02.07.1978. After repealing the aforesaid Act on 17.02.2020 the proceedings were dropped and the land was released to Ganni. During the pendency of the aforesaid proceeding, the possession of the said land remained with Ganni and this fact reveals from the letter dated 31.03.2018 (Annexure A/3). He further submits that the land was mutated in the name of Ganni and his wife. Vide registered sale deed dated 21.05.2015 the applicant and Yunus Khan jointly purchased the land survey No.124, area 0.607 hectare and survey No.125/1, area 0.680 hectare and thereafter their names have been mutated in the revenue record on 15.06.2015, therefore, the allegation in respect of forged sale deed and change of entries in the revenue records is prima facie baseless. He further submits that for the same land another FIR at Crime No.202/2018 has already been registered against the applicant and Yunus Khan for the offence punishable under sections 406, 420, 467 & 468 of the IPC. Yusuf Shah has been granted bail by the coordinate Bench of this Court on 21.06.2019 in MCRC no.23977/2019 and Yunus Khan has been granted bail by the Apex Court on 21.01.2020 (SLP (Cri.) No.113/20). He further submits that in the present case also Yunus Khan has been granted bail by the trial Court vide order dated 16.01.2020, hence the -3- MCRC No.43446/2020 applicant is having parity with him. Learned counsel further submits that the investigation is complete and Challan has been filed. No further custodial interrogation of the applicant is required in the matter. He is ready to cooperate with the the investigation, if required in future and he will regularly attend the trial. He will not indulge in the sale of the said land and shall maintain the status quo during the pendency of the trial.
Learned Panel Lawyer appearing for the State opposes the application by submitting that the SDO had already granted an injunction in respect of any sale transaction of the land bearing survey no.124 & 125/1 and despite that the applicant has sold the plots to innocent public and cheated them. He further submits that admittedly the applicant and co-accused Yunus Khan have not obtained any development permission, colonizer license and started selling the land by forming an illegal colony, therefore, he is not entitled for bail. The applicant has criminal antecedents also.
I have perused the record.
The applicant has filed the copy of the letter dated 03.10.2020 written by the Superintendent (Land Records), Indore to the SHO, Khajrana and according to which land bearing survey No.124 & 125/1 is free from the Ceiling Act. The prosecution is relying on upon over the Khasra Panchshala of the year 2001 to 2009 in which only in column-4 the word ürban ceiling affected" is written but the name of the owner is written as Ganni. Once the land has been released from the ceiling proceedings Ganni being the owner of the land could execute the sale deed. The applicant has purchased the land by way of registered sale deed, therefore, prima facie ingredients of forgery and cheating in the purchase of government land are missing. So far the violation of section 292 (c) and (d) of the Municipal -4- MCRC No.43446/2020 Corporation Act is concerned, certainly prima facie there is no permission as well as colonizer license. The co-accused has been granted bail by the trial Court and the offence is triable by Magistrate. The applicant is jail since 05.08.2020. The investigation is complete and Challan has been filed. In similar circumstances, the Apex Court has also granted bail to Yunus Khan on the ground that continued custody of the applicant on the land is not required. Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with one solvent surety of the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during the trial with a condition that he shall remain present before the Court concerned during the trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C. It is made clear that the applicant shall not alienate the land in question during the pendency of the trial.
Before releasing the applicant from the custody the jail authorities are directed to medically examine him in order to rule out the possibility of COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
C.c as per rules.
(VIVEK RUSIA) JUDGE Digitally signed by Hari Kumar Nair hk/ Date: 2020.11.07 15:00:01 +05'30' -5- MCRC No.43446/2020