SUNIL AND OTHERS Vs. STATE OF M. P.

JUDGEMENT

(1.) This is the first application for grant of anticipatory bail under Section 438 of Cr.P.C. filed by petitioners--Sunil, Manilal and Anil in Crime No.591/2019, under Sections 420 , 467 , 468 , 471 and 120-B of IPC, registered at Police Station - Station Road, Ratlam District--Ratlam.

(2.) It is the case of the prosecution that land bearing Survey No.24/1 belongs to complainant - Irfan, while land bearing Survey No.24/6 belongs to Rawab Bai. Rawab Bai sold her land through attorney - Sakina to Santosh by a registered sale deed. Allegation of the complainant is that while executing this sale deed, Rawab Bai and Sakina annexed a old trace map of the land, which does not show the Bataankan or partition of the land. The complainant apprehended that this was done intentionally to grab his land bearing suvey number 24/1, which is more valuable than the land of Rawabbai by replacing the same by survey number 24/6, which has less value. Even when the complainant was running a Dhaba (motel) on his land bearing survey number 24/1, the accused persons tried to dispossess him forcibly. Alleging that seller Rawab Bai and purchaser Santosh conspired against him to grab his land, the complainant approached the police and filed a written complaint. During investigation, the police recorded the statement of Sakina and Rawab Bai under Section 27 of the Evidence Act, 1872. They both revealed that all this mess was done by the present petitioners, therefore, they are being impleaded in the case and the police wanted to arrest them.

(3.) It is argued by the learned Senior Counsel for the petitioners that the petitioners are neither concerned with the sale-purchase of the land bearing Survey No.24/6 of Rawabbai nor they are concerned with the land of the complainant bearing Survey No.24/1. They have nothing to do with both the parties. They have not been named in the FIR. There is nothing on record to connect them with the crime, except the memorandum statement of the seller of land bearing Survey No.24/6 Rawab Bai and Sakina recorded under Section 27 of Evidence Act, 1872.