Madhya Pradesh High Court
Sawan Kumar Pachoriya vs The State Of Madhya Pradesh on 28 August, 2020
Author: Sheel Nagu
Bench: Sheel Nagu
1 Mcrc.28951.2020
The High Court of Madhya Pradesh
Mcrc.28951.2020
(Sawan Kumar Pachoriya Vs. State of M.P.)
Gwalior dated 28.08.2020
Shri Vijay Dutta Sharma, learned counsel for the petitioner.
Shri C.P. Singh, learned Panel Lawyer for respondent/State.
Shri Sohit Mishra, learned counsel for complainant. Learned counsel for the rival parties are heard through video conferencing.
This is first application u/S.438 Cr.P.C. for grant of anticipatory bail by the petitioner.
Petitioner apprehends arrest in connection with offence punishable u/Ss.420, 467, 468, 469, 470, 471 IPC registered as Crime No.344/2020 by Police Station Maharajpura, District Gwalior (M.P.).
Learned counsel for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.
Cheating and forgery is alleged against the petitioner who is alleged to be the President of Co-operative Housing Society who sold a plot of land which according to the complainant was found to be held alienated earlier.
Shri V.D. Sharma, learned counsel for the petitioner, by referring to the orders of bail granted in favour of co-accused Nitin Shukla in 2 Mcrc.28951.2020 Mcrc.21594/2020 on 22.07.2020 and of co-accused Manish Sharma in Mcrc.25401/2020 on 10.08.2020, submits that the petitioner is also entitled to be admitted to bail on the principle of parity as the facts and circumstances attending the cases of said two co-accused are similar to the facts and circumstances prevailing herein.
State and the victim on the other hand submit that the petitioner is the main accused being the President of the society who very well knew about the plot having already been alienated when he entered into the transaction of repeat alienation of the same plot. It is submitted that prima facie offence of cheating and forgery is made out.
The petitioner prima facie appears to be the main accused. The case of the co-accused who were granted bail was based on the fact that these co- accused appeared to be bona fide purchasers who may have been misled into believing that the plot is unencumbered and non-alienated.
This Court after hearing learned counsel for the rival parties is of the considered view that prima facie case of cheating and forgery is made out and therefore declines interference.
Consequently, present petition stands dismissed.
(Sheel Nagu) Judge pd PAWAN Digitally signed by PAWAN DHARKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF DHARK MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=345b3604d572ed9dd149 AR 2fe82dc3b1eef67eff2cb59f3ac97e9 20ac264de7828, cn=PAWAN DHARKAR Date: 2020.08.29 15:32:19 +05'30'