SHAKUNTALA Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition has been filed against the order dated 16.09.2015 passed by the Sessions Court, Khandwa in Bail Application No.573/2015 by which the Court set aside the order dated 18.08.2015, granting anticipatory bail under Section 438 of Cr.P.C., in favour of the applicants.

(2.) The non-applicant No.2 lodged a FIR at Police Station Killod District Khandwa on 6.8.2015 on the basis of FIR, a case vide Crime No.57/2015 for commission of offence punishable under Sections 420, 465, 467, 468/34 of IPC was registered against the petitioners. The petitioners filed an application for grant of anticipatory bail which was allowed vide order dated 18.08.2015. Thereafter, the respondent no.2 submitted an application for cancellation of bail on the ground that the petitioners obtained the bail order on the basis of forged documents. The application for cancellation of bail was opposed by the applicants. The non-applicant/petitioner pleaded that they had not concealed the facts before the Court and after considering the same, the Court granted the benefit of anticipatory bail to the applicants hence, the order passed by the Court granting anticipatory bail is in accordance with law.

(3.) The allegation against the applicants was that they submitted an application for mutation recording their names as owner on the land to the Panchayat which was of the ownership of the complainant. The Panchayat passed an order of mutation. Thereafter, the complainant submitted an application before the Collector and SDO set aside the order of mutation.