LAWS(MPH)-2020-6-773

KAMALJEET KHEDA Vs. STATE OF MADHYA PRADESH

Decided On June 02, 2020
Kamaljeet Kheda Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) 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. 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.