SHRAVAN PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

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

(2.) The applicant apprehend his arrest in connection with Crime No.258/2014 registered at P.S. Lordganj, District Jabalpur for the offence punishable under Sections 403, 404, 406, 411, 120-B of the IPC.

(3.) As per prosecution case, on 22/10/2012 complainants Neena Patel and Gautam Patel filed a written complaint at Police Station Lordganj, District Jabalpur averring that Late Shri Parmanand Bhai Patel was a businessman in Jabalpur holding a vast Estate of Wealth and properties. He suffered a massive brain stroke on or around 2- 3/01/1994 due to which he got paralyzed and this ailment continued till his death. It is alleged that when he was incapable of taking any decision, the present applicant and co-accused persons Mrs. Jyotsnaben Patel, Mrs. Sonal K. Amin and Ms. Pooja Patel @ Roopa Kumar accessed the accounts of Late Shri Parmanand Bhai Patel illegally and various transactions were also done by them. On the basis of aforesaid complaint, during preliminary enquiry Police recorded the statement of complainants and also obtained account statements etc. Police also received a complaint from the Office of Wadiya Gandhi & Company, Advocates Solicitors and Notary Mumbai, wherein they narrated the facts as mentioned in the complaint dated 22/10/2012. Apart from that it was also stated that the applicant and co-accused persons illegally declared that the entire estate of Late Shri Parmanand Bhai Patel was only Rs. 5,54 lakhs. On the basis of aforesaid, on 02/07/2014 Police Station Lordganj, Jabalpur registered Crime No.258/2014 for the offence punishable under Section 403, 404, 406, 411, 120-B of the IPC against the applicant and co-accused persons Mrs. Jyotsnaben Patel, Mrs. Sonal K. Amin and Ms. Pooja Patel @ Roopa Kumar. Thereafter, applicant and other co-accused persons filed an application under Section 438 of the Cr.P.C. before the trial Court. During pendency of that application Police filed first closure report before the Chief Judicial Magistrate, Jabalpur, on 16/08/2014. Which was registered as MJCR No.111/2015. In which learned CJM passed an order on 13/07/2016 and directed for further investigation on the following issues :-