SANTOSHBAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal filed by the appellant under Sec. 14-A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 for grant of anticipatory bail in connection with Crime No.215/2023, registered at Police Station-Nalkheda, District-Agar Malwa (MP) for the offence under Ss. 420, 467, 468, 471,120-B,406,294,506,419 of IPC, 1860 and Sec. 3(1)(r), 3(1)(f), 3(1) (s), 3(2)(v),3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) Act 1989 (hereinafter referred as " of the Act").

(2.) This appeal has been filed against the order dtd. 8/6/2024, passed by Special Judge SC/ST(PA), Agar Malwa, whereby learned Special Judge rejected the bail application of appellant with finding that there is prima facie case against the appellant punishable under the offences.

(3.) Learned counsel for the appellant submitted that the appellant is innocent and has falsely been implicated in the case. As per prosecution, the Complainant has filed civil suit against the appellant and others. The said civil Suit was dismissed by the learned Trail Court. Thereafter, the complainant has filed an appeal which was also dismissed by the learned Appellate Court. Thereafter, the present FIR is filed as a counter blast. It is alleged that the said land has been purchased by the appellant through registered sale deed from a person whose name is Harlal. As per prosecution case, Harlal is the person from whom the land has been purchased but he has already expired before this registered deed. It is alleged that registered deed was executed by another person and the cheating and forgery by impersonation was committed by present appellant. However, such allegations were not proved by the complainant before the learned Civil Court and Civil Suit was dismissed. It is submitted that in this case co-accused Kaluram has been granted bail by this Court in CRA No. 5699/2020. Hence, counsel for appellant requested for anticipatory bail.