GEDIYA PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first application under Section 438 Cr.P.C filed by the applicants for grant of anticipatory bail.

(2.) Applicants are apprehending their arrest in connection with Crime No.211/2015 registered at Police Station Gurh, district Rewa for the offences under Sections 420, 467, 468, 471, 120 -B r/w Section 34 of IPC.

(3.) Learned counsel appearing on behalf of applicants contend that the land belonged to one Shyamlal son of Rameshwar, who has died. The names of his legal heir were not recorded. However, the mutation of the said land was done and the names of the present applicants and some other co -accused were recorded. The applicants never applied for mutation of the land in their names. However, it were Patwari and the Secretary of the Panchayat, recorded their names in the revenue record. It is also contended that no evidence has been brought on record by the prosecution indicating the fact that the present applicants with intent to deceit the legal heirs of Shyamlal conspired with Patwari and the Secretary of the Panchayat and got recorded the land in question in their names and benefited themselves. In case the names of the applicants were recorded by the Patwari without obtaining any application from them, they cannot be implicated in the present case. The report dated 18.4.2016 submitted by the SDO (P) to the Collector has also been relied upon by the learned counsel for the applicants wherein it has been observed that the persons in whose names the mutation of the land was done are innocent. In such circumstances, ingredients of Section 415 of IPC are not attracted in the facts of the case. Therefore, the applicants may be enlarged on anticipatory bail.