RAKESH SHARMA Vs. STATE OF M.P

JUDGEMENT

(1.) This application under section 438 Cr.P.C has been filed by the applicant Rakesh Sharma seeking anticipatory bail as he apprehends his arrest in connection with Case/FIR No.158/2017 registered at Police Station Central Kotwali, Indore for the offence punishable under sections 406, 420 and 120-B/34 of the IPC.

(2.) As per prosecution case, co-accused Shivnarayan Sharma had agreed to sell the disputed property to the complainant/objector and the objector had paid Rs.10 lacs as part payment, however, the terms of the agreement were not honoured and the Shivnarayan sent the applicant Rakesh Sharma to fetch the original document of sale from the complainant on the pretext that same is required for income tax purposes. Unsuspecting, complainant returned the original copy of the sale deed to Rakesh Sharma without knowing that the same has been taken to wipe out the evidence regarding such transaction.

(3.) Per contra, learned counsel for the complainant/objector submits that it was Rakesh Sharma who had taken the document from the complainant and he would be liable under section 406 of the IPC. The said document has to be recovered from Rakesh Sharma and not from Shivnarayan and if granted anticipatory bail, the said document would not be recovered from him.