Madhya Pradesh High Court
Kamaljeet Kheda vs The State Of Madhya Pradesh on 2 June, 2020
Author: Vishnu Pratap Singh Chauhan
Bench: Vishnu Pratap Singh Chauhan
1 MCRC-7531-2020
The High Court Of Madhya Pradesh
MCRC-7531-2020
(KAMALJEET KHEDA Vs THE STATE OF MADHYA PRADESH)
6
Jabalpur, Dated : 02-06-2020
The matter is taken up through video-conferencing.
Shri Manish Datt, learned Senior Advocate with Shri Rahul Sharma,
Advocate for the applicant.
Shri Prakash Gupta, learned Panel lawyer for the respondent/State.
Shri Bhupendra Kumar Shukla, learned counsel for the complainant/objector.
Heard on this first application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on behalf of applicant. The applicant is apprehending his arrest in connection with Crime No.59/2020 registered at Police Station City Kotwali, District Satna for commission of offence punishable under Sections 420 and 473 of the Indian Penal Code.
The case of the prosecution, in short, is that complainant Smt. Rashmi Kheda lodged a report alleging therein that the applicant and other co-accused created a forged and fictitious documents of affidavit of Keshar Bai and Surendra Kheda. On the date of execution of documents, Keshar Bai was no more. She was not present in the world and Surendra Kheda was totally handicapped and later on he died. On the basis of forged documents, applicant got succeeded in mutating the name of his sons Yash Kheda and Khush Kheda in the Municipal Corporation for the purpose of property tax.
Learned senior counsel for the applicant submits that Khush Kheda and Yash Kheda purchased the land from Surya Prasad Pandey situated in Survey No.292/1/1A/1 area 9000 square feet in Raguraj Nagar District Satna. Yash Kheda and Khush Kheda were minor at the time of purchase of land. It was purchased under the guardianship of their father applicant Kamaljeet Singh Kheda and Yash Kheda and Khush Kheda filed an application in the Municipal Corporation for mutation of their names in place of purchasers.
2 MCRC-7531-2020 Municipal Corporation passed a final order in favour of Yash Kheda and Khush Kheda and mutated the names for the purpose of depositing the property tax. The applicant neither filed an affidavit of Surendra Kheda and Keshar Bai, nor forged the documents of affidavit of Surendra Kheda and Keshar Bai. He has been falsely implicated in this case. Therefore, it has been prayed to grant the benefit of anticipatory bail to the applicant.
Shri Bhupendra Kumar Shukla, learned counsel for the objector submits that the property was previously mutated in the name of other family members of the applicant, the applicant fraudulently submitted the affidavits of Surendra Kheda and Keshar Bai for mutation of the names of Yash Kheda and Khush Kheda. The applicant is the master author of forged affidavits of Surendra Kheda and Keshar Bai. Keshar Bai died in the year 1985 and Surendra Kheda was totally handicapped and cannot sign on affidavit. If anticipatory bail is given to the applicant, he will tamper with the evidence and would threat the witnesses. Therefore, it has been prayed to dismiss the application for anticipatory bail.
Learned Panel Lawyer for the respondent/State supported the arguments of the learned counsel for the objector and submitted that the applicant is required in the investigation. Therefore, prayed to dismiss the application.
Having heard both the counsel. Perused the copy of the sale-deed filed as Annexure-2. Surya Prasad Pandey sold out the disputed land to Yash Kheda and Khush Kheda who were 17 and 16 years old at the time of execution on 07.05.2012. Yash Kheda and Khush Kheda filed an application for mutation. The order of the mutation filed along with this petition.
Perused the order. It is addressed to Yash Kheda and Khush Kheda not showing them as minor. It is reflected that Yash Kheda and Khush Kheda filed an application in the office of Municipal Corporation Satna when both attended the age of majority. It is also reflected from the perusal of the order that the name of Yash Kheda and Khush Kheda was mutated in place of 3 MCRC-7531-2020 Surya Prasad Pandey, Kamaljeet Kheda, Smt. Keshar Bai, Surendra Kheda in the property situated in Ward No.41 House Nos. 439/494, 940/495, 942/495 and 441/496 meaning thereby the name of Yash Kheda and Khush Kheda was mutated not only in the property they purchased from Surya Prasad Pandey but in the other properties, for that, names of Kamaljeet Kheda, Smt. Keshar Bai, Surendra Kheda were previously mutated. For obtaining the order of mutation affidavit of Surendra Kheda and affidavit of Keshar Bai was filed along with mutation application. The affidavits are being alleged as forged.
No doubt, Keshar Bai died in the year 1985. She cannot execute the affidavit and affidavit of Surendra Kheda is also disputed.
After considering the whole submissions and perusal of the documents, it is reflected that there is a property dispute amongst the family members of Kheda family. The matter can be resolved by way of civil suit.
In aforesaid circumstances, this Court is inclined to extend the benefit of anticipatory bail to the applicant.
Consequently, this first application for anticipatory bail under Section 438 of the Code of Criminal Procedure, filed on behalf of applicant Kamaljeet Kheda, stands allowed.
It is directed that the applicant shall remain present before the Investigating Officer/concerned Authority on or before 29.06.2020. It is also directed that, in the event of his arrest, applicant Kamaljeet Kheda shall be released on anticipatory bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer, for his appearance before the Investigating Officer as and when he is required for investigation and the trial Court on all dates fixed in the case and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.
It is further directed that if the applicant does not appear before the Investigating Officer/concerned Authority on the given date, the bail granted 4 MCRC-7531-2020 in this case shall become ineffective.
Certified copy as per rules.
(VISHNU PRATAP SINGH CHAUHAN) JUDGE Digitally signed by BIJUb Date: 2020.06.02 16:31:21 +05'30'