VANDANA @ ANJNA CHHUGANI Vs. STATE OF M P

JUDGEMENT

(1.) The applicant has filed this application under Section 438 of Cr.P.C. for grant of anticipatory bail as she has apprehension of her arrest in connection of crime no. 400/15, registered at police station Madan Mahal, district Jabalpur for commission of offence punishable under Sections 420, 467, 468, 471, 120-B of IPC.

(2.) A power of attorney was executed by Leena Disuja in favour of the applicant. By the aforesaid power of attorney Leena Disuja authorized the applicant to sale the property, a house alongwith a plot situate at wright town ward, Jabalpur. The aforesaid power of attorney was executed on 12.7.2004.

(3.) The allegation against the applicant is that on the aforesaid power of attorney, the applicant had executed the sale deed on 28.12.2004 in her favour. It is mentioned in the sale deed that Leena Disuja is alive. It is also mentioned in the sale deed that an amount of Rs.3 lacs was paid to Leena on 12.07.2004. Leena Disuja was died on 3.9.2004. Hence, the applicant had committed forgery by executing the sale deed in her favour of the land. A civil dispute is also pending between the parties. The sale deed has already been set aside by the civil court. Objector Smt. Reeta Crude filed an objection and opposed the prayer for grant of anticipatory bail to the applicant. It is pleaded in the objection that District Judge, Jabalpur passed a prohibitory order on 21.10.1992 in regard to the disputed property and Leena Disuja was respondent no. 3 in the aforesaid case. Leena Disuja declared herself as a daughter of Leeli Disuja. She had no legal right in the dispute property, hence she was not competent to execute the power of attorney. The power of attorney was registered on 20.9.2004. However, the executor was died upto 3.9.2004, hence it was forged and fabricated document. The applicant executed the registry of the property in her name in the month of December 2004 on the basis of forged power of attorney.