Madhya Pradesh High Court
Shyamabai vs The State Of Madhya Pradesh on 31 August, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-40613-2021
The High Court Of Madhya Pradesh
MCRC-40613-2021
(SHYAMABAI AND OTHERS Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 31-08-2021
Heard through Video Conferencing.
Shri Sankalp Kochar, learned counsel for the applicants.
Shri Akhilendra Singh, learned P.L. for the respondent/State.
This is first application filed by the applicants under Section 438 of Cr.P.C. for grant of anticipatory bail, apprehending their arrest in connection with Crime No. 11/2017 registered at Police Station-Special Task Force, Bhopal (STF Ikai, Indore) for the offence punishable under Sections 420, 467, 468, 471, 120-B of the IPC.
As per prosecution case, the land bearing survey No.171/3/1 area 0.260 hectare, situated at Village Panda, Tehsil Mhow, District Indore (MP), belonged to Golden Forest Company, but accused/applicants connivance with other-co-accused on the basis of forged and fabricated documents sold the aforesaid land, by disobeying the order of Hon'ble Apex Court, fraudulently, mutated their names in the revenue record and taking benefit of the same, they sold that land to Dr. Bhaskar Prasad, Sameer Agrawal resident of 262, Suniket Apartment, District Indore (MP). Thus, applicants alongwith co-accused committed fraud. It is also found that accused/applicants did not invest any money in Golden Forest Company.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the offence. Family member of the accused/applicants had invested huge amount in Golden Forest Company as they were given an assurance that the money which they have invested will get multiplied and the same will be returned to them within a span of few years, but the Company miserably failed to comply with the assurance/ promise made by them as a result of which the applicants and their husband were constrained to file an application for mutation about the disputed land Signature Not Verified SAN before Tehsildar, Tehsildar registered the case and thereafter, passed the Digitally signed by LALIT SINGH RANA Date: 2021.09.01 18:36:41 IST 2 MCRC-40613-2021 order by allowing the application of applicants for mutation and their names have been recorded in the revenue record. In furtherence to the aforesaid application submitted by applicants and their husband, Tehsildar recorded statements of various invididuals and after duly conducting an enquiry mutated the purported land in question in favour of applicants and their husbands and made entry with respect to the same. He submits that no case under Section 420, 467, 468, 471, 120B of IPC is made out against the accused/applicants. Actually, accused/applicants are house wife. So, all the proceedings in Revenue Court is conducted by their husband. Accused/applicants have no role in this proceedings although they was signed the application which is produced before the Tehsildar. Investigation in the present case is complete and their husband have been arrested and thereafter they have been enlarged on bail. No further custodial interrogation is required in this case and no useful purpose would be served by keeping the applicants behind bars. Investigation Officer issued a notice under Section 41-1 of Cr.P.C. to appear before the trial Court. There is no criminal antecedents against the applicants. It is the time of COVID-19 Pandemic due to which social distancing is very necessary. There is no probability of their absconding or tampering with the evidence of the prosecution witnesses. Conclusion of trial will take long time to conclude due to COVID-19. Therefore, learned counsel for the applicants prays for grant of anticipatory bail to the applicant.
O n the other hand learned counsel for the respondent/State opposed the prayer and submitted that the land belonged to Golden Forest Company and thereafter applicants connivance with co-accused fraudulently got their names mutated in the revenue record, so applicants should not be released on bail.
Considering the contention of both the parties and this fact that applicants/accused are house wife, they are not doing any job, their husband Signature Not Verified SAN were already arrested in this case. Thereafter, they have been enlarged on Digitally signed by LALIT SINGH RANA Date: 2021.09.01 18:36:41 IST 3 MCRC-40613-2021 bail. Investigation is complete, no custodial interrogation is required in this case, applicants/accused have no previous criminal case, they filed an application for mutation about the disputed land before Tehsildar, Tehsildar registered the case and thereafter, passed the order by allowing the application of applicants for mutation and their names have been recorded in the revenue record, it also appears that Investigating Officer issued a notice to appear before the trial Court, I n view of the aforesaid and looking to the whole facts and circumstances of the case, without expressing any opinion on merits of the case, I am of the considered view that it would be appropriate to grant the anticipatory bail to the applicant. Consequently, this first application for anticipatory bail filed on behalf of applicants is hereby allowed.
It is directed that the applicants-Shyamu Bai, Sunita Bai, Rekha Bai and Pavitra Bai will surrender themselves before Investigating Officer of the concerned police station, within ten days from the date of receipt of certified copy of this order and then in the event of their arrest, they be released on their furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each with one surety each in the like amount to the satisfaction of the Arresting Authority.
It is further directed that the applicants shall make themselves available for interrogation before the Police Officer as and when required. They shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.
C.c as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE L.R. Signature Not Verified SAN Digitally signed by LALIT SINGH RANA Date: 2021.09.01 18:36:41 IST