AMITABH JAIN Vs. STATE OF MP

JUDGEMENT

(1.) This is the first application under section 439 CRPC for granting bail filed by Amitabh Jain in connection with crime number 580/2019 registered at police Station Vijay Nagar District-Indore under Section 420 , 467 , 468 , 120B IPC.

(2.) Facts of the prosecution case in brief are that one Mohd Akram lodged a written complaint with the police alleging that land bearing survey No.664/2 admeasuring 0.35 hectares or 15225 sqft was purchased by Shri Rajkirati Jain. He developed a colony 'Radhika Kunj' on this land. Total 6 plot of 30 X 15 =1500 Sqft were carved out on this land and were sold through power of attorney holder Nitin Agrawal. 5700 Sqft area was left for public amenities like drainage, light, roads etc. The complainant purchased plot No.G-4 in this land in the year 2003 by registered sale deed and obtained possession. Since then he was in peaceful title and possession of this land.

(3.) Shri Rajkirti Jain died in the year 2013. After his death, his wife Smt. Nirmala Jain and son Amitabh Jain (petitioner) connived with other co-accused persons. They forged and fabricated several documents and on the basis of these document, after the death of Shri Rajkirti Jain, got the entire land of survey number 664/2 mutated in their names and sold it to several persons on the basis of forged document, while entire land of survey No.664/2 admeasuring 0.35 hectares was already diverted for residential purpose and after developing the colony, was sold out by late Shri Rajkirti Jain in his life time. Under the guise of selling land admeasuring 5700 sqft, they sold apx 9000 sqft land. Hence they have sold adjacent Govt. land also.