NISHA JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first bail application under Sec. 438 of Cr.P.C for grant of anticipatory bail in connection with crime No.551/2015 dated : not mentioned, registered at P.S. - Khategaon District - Dewas for offences punishable under Ss. 420, 466, 467, 468, 471 and 120-B/34 of IPC.

(2.) As per prosecution case, complainant Kewalram Yadav, employee of Tehsil office Khategaon, submitted an inquiry report, prepared by Tehsildar Khategaon, before the police station Khategaon, district Dewas (M.P), on 25/7/2015, and on that report Police registered the offence under Sec. 420, 466,467,462 471, 477 and 120-B-34 of I.P.C., against some of the 22 accused persons including the present applicant. On 17/2/2015 Advocate Sushil Kumar S/o Champalal Verma, R/o; Khategaon, made a complaint to Tehsildar regarding the illegal sale and purchase of government land bearing Survey No. 757 and 758 of Khategaon, according to him the land was allotted on lease for the purposes of dharamshala, the land was recorded as Nazul Land and was registered in the name of government. Accused persons Shambhukumar Jain, Anita Jain and Nisha Jain (present applicant), R/o; Bada Jain Mandir Khategaon, prepared forged and fabricated documents regarding the ownership and sold the same to 12 persons by way of registered sale deed. During the inquiry it was found that land bearing Khasra No. 757 measuring 0.210 hectare, is registered in the name of government as Nazul Land and land bearing Khasra No. 758 measuring 0.121 hectare is registered as Abadi village, Gothan land of government. As per the record, land mentioned above are government lands and seller is not entitled to sell the land. During the inquiry it was also held that all the sale deeds executed by seller was based on certificate issued by Nagar Panchayat Khategaon dt. 21/6/2010. Nagar Panchayat Khategaon mutated the name of land owners in their record and issued the land certificates, as such the government land was illegally transferred by seller with the help of purchaser, witnesses, the then Chief Municipal Officer, and by the then Sub- registrar Khategoan. On the basis of inquiry report Police registered the Crime No. 551/2015 against all the persons including present applicant under above mentioned offences.

(3.) Counsel for the applicant submits that the offence was registered in the year 2015. The other co-accused persons including the present applicant filed M.Cr.C No.6972/2015, M.Cr.C No.6981/2015, M.Cr.C No.7663/2015. The said FIR was quashed by this Court by order dtd. 14/1/2016. Being aggrieved by the said order, the State filed criminal Appeal Nos.1565- 1567/2024 arising out of SLP (Criminal) Nos.8829-8831 of 2016. The said appeal was allowed by order dtd. 5/4/2024 by the Apex Court and the State has been directed to proceed in accordance with the law in relation to the FIR bearing crime No.551/2015 dtd. 25/7/2015 registered at P.S - Khategaon, District Dewas. It is argued that order of the Revenue Board was in favour of the applicant. The custodial interrogation of applicant is not necessary. She will co-operate with the investigation and there is no likelihood of her absconsion.