SEVAKRAM MARABI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present applications has been filed under Section 438 of Cr.P.C. seeking anticipatory bail to the applicants apprehending there arrest in connection with Crime No. 256/2017 registered at Police Station Baikunthpur, District Koriya (C.G.) for the offence punishable under Sections 467, 468, 471, 120-B & 420 of I.P.C.

(2.) The case of prosecution against the present applicants is that the applicant in MCRCA No. 861/2017 namely Sevakram Marabi a Patwari is - said to have connived with the applicant in MCRCA No. 928/2017 namely Azhar Muneer along with the other accused persons in respect of the land which was in the name of Suhano Bai mutated in the name of co-accused - Anandram who in turn is said to have sold the property to the applicant - Azhar Muneer.

(3.) The facts of the case in brief is that the disputed property originally belonged to one Mangal Sai who had one son and two daughters. The son's name is Amar Sai and the two daughters are Koushalya and Keyolapati. Mangal Sai had died long ago and on his death, the property stood mutated in the name of Amar Sai. Amar Sai also had died somewhere in the year 2008 and since he was issue-less, the property stood mutated in the name of his wife Suhano Bai. Later on, Suhano Bai also died. Thereafter, since the only legal heirs in the family of Mangal Sai were Koushalya and Keyolapati for which an application was moved by these two ladies and have obtained an order of mutation from the Tahsildar on 16/09/201 However, in between, Anandram who was the son of the brother of Mangal Sai and as such the first cousin of Amar Sai, moved an application before the Tahsildar claiming himself to be the only legal heir available after the death of Suhano Bai and sought for the property to be mutated in his name. The Tahsildar again ignoring the fact that there is already an order in favour of Koushalya and Keyolapati passed an order on 27/12/2013 in favour of Anandram. It is said that this order of Tahsildar was complied with by the Patwari - Sevakram Marabi the applicant in MCRCA No. 861/2017 and got the - property entered in the name of Anandram who in turn is said to have sold the property to Azhar Muneer the applicant in MCRCA No.928/2017. -