Madhya Pradesh High Court
Rajendra Singh vs The State Of Madhya Pradesh on 17 November, 2016
7 M.Cr.C. No.11256/2016
M.Cr.C. No. 11256 of 2016
17.11.2016
Shri M. Choudhary, Advocate for the applicant.
Shri P. R. Bhatnagar, learned Deputy Public
Prosecutor for the non-applicant/State.
Heard.
2. Perused the case-diary.
3. This is first application under Section 439 of
Cr.P.C. for grant of bail filed by the applicant--
Rajendra Singh S/o Gurucharan Singh, who is
implicated in Crime No.507/2010, registered at
Tukoganj--Police Station, Indore for an offence
punishable under Sections 420, 467, 468, 469, 471,
472, 448 and 120-B of IPC.
4. Brief facts of the case are that in the year 1997,
Indore Development Authority, invited tenders vide
advertisement no.139/97, in respect of land of P/1 and
P/2 on 22.12.98 for allotment in scheme no.59. M/s.
Mayank Enterprise and M/s. Noble Builders and
Finance Company, registered partnership firms
submitted their tenders on 22.12.1997, for allotment of
the land of P/2 and P/1. As per partnership deed dated
22.12.1997 Mayank Bidsariya, Mahavir Bidsariya and
Smt. Nisha Mahavir Bidsariya, were partners of M/s.
Mayank Enterprises. Mayank Bidsariya, Mahavir
Bidsariya and Ranvider Singh Gill, were partners of
Noble Builders and Finance Company. Co-accused
7 M.Cr.C. No.11256/2016
Ranbir Singh Chhabra, who was friend of Mayank
Bidsariya, appended his signature as witness in both
the partnership deeds.
5. In December 1998, Indore DevelopmentAuthority
allotted plot No.P/1 to M/s. Nobel Builders and Finance
Company and Plot No.2 to M/s. Mayank Enterprises. In
the month of August 1998, in a car accident Mayank
Bidsariya, one of the partner and son of Mahavir
Bidsariya has died. After allotment they found that
front side of the plot was encroached by slum dwellers.
In the year 1999 on 27.5.1999 co-accused Ranveer
Singh Chhabra @ Bobby Chhabra and Pintu Chhabra,
prepared forged partnership deed through notary by
(Entry No.4207/1999) and in the aforesaid registered
partnership deed of Mayank Enterprises, they showed
Mahaveer Bidsariya, Rajendra Singh Bhular and Smt.
Kamaljeet Bhular as partners and also changed the
address of the partnership firm to 12, Roop Nagar,
Indore. The aforesaid deed has not been signed by Smt.
Nisha Bidsariya and Mahaveer Bidsariya. Thereafter,
they submitted one application before the Indore
Development Authority along with the forged
partnership deed and power of attorney vide
application no.7382 dated 8.6.1999. The possession of
the land was taken from Indore Development Authority
on behalf of M/s. Mayank Enterprises by co-accused
Ranveer Singh Chhabra @ Bobby Chhabra. Thereafter,
7 M.Cr.C. No.11256/2016
number of correspondences were made by them with
the Indore Development Authority. They also filed an
application before the Municipal Corporation Indore,
for grant of building permission on the basis of the
forged partnership for which they prepared and in
which they shown the address of partnership firm as 12,
Roop Nagar, Indore. On 21.7.1999, Municipal
Corporation, without examining the aforesaid
document granted building permission. They also filed
civil suit no.11A/01, for injunction regarding Plot
No.P/1 and possession of plot No.P/1 and for removal
of encroachment. One Second Appeal No.1481/2000
was also filed by Mayank Enterprises on the basis of
forged signature of Mahaveer Bidsariya. In M/s. Noble
Builder and Finance Company, he committed the
similar fraud and cheating and prepared a forged
partnership deed.
6. During pendency of the civil suit Mahaveer
Bidsariya, partner of the allottee firm lodged FIR,
complaining that possession of the plot was wrongly
handed over to co-accused Ranveer Singh Chhabra. It is
also alleged that agreement and possession letter on
behalf of the firm were prepared on the basis of forged
signature and no possession was handed over to the
original allottee. At that relevant point of time another
accused Ashok Jain was working as Assistant Engineer
and Suresh Bhawar was working as Sub Engineer. They
7 M.Cr.C. No.11256/2016
in-connivance with Ranveer Singh Chhabra without
verifying the document like power of attorney and
partnership deed submitted by him from their original
copies which were submitted along with the bid by
Bidsariaya handed over the possession of plot No.1 and
plot no.2 to unknown persons who never submitted his
bid. On 20.8.1999 and 24.8.1999, forged letters and
documents were filed before the Municipal Corporation
for grant of permission.
7. On the basis of the aforesaid, FIR was registered
vide crime nos.570/05 under Sections 420, 467, 468,
469, 471, 472, 448 and 120-B of IPC against the
applicant and other co-accused persons. During
investigation police statement of complainant-
Mahavir Bidsariya was recorded on 11.10.2007. The
Investigation Officer after completion of investigation
filed a closure report. The Chief Judicial Magistrate on
11.10.2007, accepted the closure report and terminated the proceedings.
8. On 25.5.2010, police applied to CJM under Section 173(8) of Cr.P.C. for further investigation. The said prayer was rejected by the learned Magistrate on 26.5.2010. Against the aforesaid order criminal revision was filed vide Criminal Revision No.413/2010. The learned revisional Court by order dated 3.6.2010 allowed the application without issuing the notice to the accused persons and permitted for further 7 M.Cr.C. No.11256/2016 investigation. Further investigation was completed and Challan was filed on 2.9.2010.
9. After filing of challan the application of the applicant for grant of anticipatory bail has been dismissed vide order dated 14.10.2010 passed in M.Cr.C. No.6525/2010. The application for grant of bail of other co-accused persons, namely, Suresh Bhanwar and Ranveer Singh Chhabra has been allowed by order dated 28.9.2016 passed in M.Cr.C. No.6025/2010 and order dated 19.1.2011 passed in M.Cr.C. No.7660/2010.
10. The prayer for quashment of charge-sheet bearing crime No.507/2005 and criminal case bearing Sessions Trial No.771/2010 has been dismissed by this Court vide order dated 27.11.2014 passed in M.Cr.C. No.4583/2013 (Ashok Jain Vs. State of M.P.), M.Cr.C. No.3705/2012 (Suresh Bhanwar Vs. State of M.P.), M.Cr.C. No.7782/2011 (Suresh Bhanwar Vs. State of M.P.) and M.Cr.C. No.2132/2012 (Ashok Jain Vs. State of M.P.).
11. Learned Counsel for the applicant has drawn my attention to the additional affidavit and documents annexed therein and submitted that SLP bearing Criminal No.2373-2374/2015 which was filed against the order dated 27.11.2014 passed in the above four criminal cases has been dismissed on 29.7.2016. After dismissal of SLP, present applicant was arrested on 17.10.2016 and is in custody since then. After arrest the 7 M.Cr.C. No.11256/2016 applicant was produced before the CJM, Indore, seeking a police remand of two days, the remand was granted and on 19.10.2016 the police remand was extended upto 22.10.2016. After that the applicant was sent in judicial custody. All the other accused persons have already been released on bail. The lease rent of the plots in question is being paid by the applicant and he is in continuous and undisturbed possession of the plots in question.
12. It is submitted that the applicant is a reputed person of the society and it is case of false implication. The offence is predominantly of civil nature and no further interrogation from the present applicant is required nor there is anything to be recovered at the instance of the applicant. The applicant all throughout has had been co-operating with the investigation. Even prior to the arrest, the applicant was in constant communication with the Police Authorities, clearing his stand. He has no criminal antecedents and there is no possibility of his absconsion. Trial will take time. Hence, he be released on bail.
13. In reply, Shri P. R. Bhatngar, learned Counsel for the State has opposed the bail application and submitted that the wife of the applicant is also accused and she is absconding and looking to the conduct of the applicant, he prays for rejection of the bail application.
14. On due consideration of the facts and 7 M.Cr.C. No.11256/2016 circumstances and material available in the case diary so also the fact that all the accused persons had already been granted bail, the applicant deserves to be enlarged on bail during pendency of the trial, without expressing any opinion on the merits of the case, M.Cr.C. No.11256/2016, first bail application of the applicant
--Rajendra Singh is allowed. It is ordered that applicant--Rajendra Singh S/o Gurucharan Singh be released on bail upon his furnishing bail bond of Rs.2,00,000/- (Rupees two lakhs only) with two local sureties in the like amount to the satisfaction of the Trial Court for his appearance before the said Court on the dates of hearing, as may be fixed in this behalf.
M.Cr.C. No.11256/2016 accordingly, is allowed. Certified copy as per rules.
(P.K. Jaiswal) Judge pp/