SHRAVAN NAGVANSHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on this first application for bail under Section 439 of the Cr.P.C. filed on behalf of the petitioner Shravan Nagvanshi S/o Kallu Nagvanshi in Crime No.128/2017 registered by P.S.- Umreth, District- Chhindwara, under Sections 406 , 420 and 120-B of the I.P.C.

(2.) As per the prosecution case, victims Mirabai and Hirabai are illiterate sisters. They had inherited 1.5 acres of land comprised in survey no. 431 and 432. However, due to their illiteracy and ignorance they were unable to read the revenue documents and were not aware that they had inherited 1.5 acres of land each. Petitioner Shravan Nagwanshi S/o Kallu Nagwanshi told them that they had inherited only 0.5 acres of land each and he would get that land sold. He contacted Shravan Nagwanshi S/o Anna Nagwanshi for sale of three acres of land belonging to Mirabai and Hirabai at the rate of Rs. 3 lacs per acre. He refused to allow purchaser Shravan S/o Anna Nagwanshi to meet the sellers namely Mirabai and Hirabai. Subsequently, Shravan Nagwanshi S/o Anna Nagvanshi purchased aforesaid three acres of land belonging to Mirabai and Hirabai by a registered sale-deed in the name of his mother Kesar Bai. On the instructions of petitioner Shravan S/o Kallu Nagvanshi, Shravan S/o Anna Nagvanshi deposited various amounts in the accounts of different persons namely Indarlal, Deepika, Ravi and Deepak Kumar etc. Shravan S/o Anna Nagvanshi also paid Rs.1 lac in cash to the petitioner Shravan S/o Kallu Nagvanshi. Only Rs.1,50,000/- were deposited in the account of Mirabai. Thus, he cheated Mirabai and Hirabai of a sum of Rs.7,50,000/-.

(3.) Learned counsel for the petitioner submits that the petitioner Shravan S/o Kallu Nagvanshi is a property broker and he has been in custody since 08.01.2018. He is prepared to deposit the entire amount of Rs.7,50,000 under protest, which is said to have been received by him.; therefore, it has been prayed that petitioner Shravan Nagvanshi S/o Kallu Nagvanshi be released on bail conditionally.