MANOJ @ MANOHAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the fourth repeat application under Section 439 of Cr.P.C., for grant of bail filed on behalf of the applicant. The applicant is in custody since 24.11.2019 in connection with crime No. 976/2019 registered at Police Station Khajrana Disttt.Indore for the offence punishable under sections 420, 467, 468,120B/34 of IPC. His earlier bail applications were dismissed as withdrawn by orders dated 25.06.2020, 16.03.2020 and 10.12.2019 passed in M.Cr.C. No. 18521/2020, M.Cr.C. No. 9607/20 and M.Cr.C. No.51552/2019.

(2.) As per prosecution story, the applicant by playing mischief and misrepresentation sold plot no. 224-A situated at Nayay Nagar, Indore to some third person without the knowledge and consent of the original owner Shri Krishna Murari Saxena(since deceased). No sooner, the complainant went to the spot and found a construction raised over the said plot, he has filed a complaint. Accordingly, case has been registered against the applicant.

(3.) Investigation is complete. Challan has been filed. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the crime. It is further submitted that neither the applicant owns the plot nor has played any role in sale of the plot. In any case, the subject matter of dispute has been amicably settled between the complainant and the applicant by way of a compromise, and therefore, no dispute persist in the context of the allegations made in the FIR. Even otherwise,investigation is complete and challan has been filed. The applicant is not required for further custodial interrogation. The applicant is in custody since 24.11.2019 and about nine months period has passed by. Applicant is the sole bread earner and due to his jail incarceration, the family is in penury. Looking to Covid- 19, the Court proceedings are paralyzed and regular proceedings are not taking place as a result possibility of undue and prolonged delay of trial cannot be ruled out. Under such circumstances, the applicant deserves to be enlarged on bail on such terms and conditions, Hon'ble Court deems fit and proper.