LAWS(MPH)-2019-12-3

PRAMOD SINGH RIYANA Vs. STATE OF M.P

Decided On December 09, 2019
Pramod Singh Riyana Appellant
V/S
STATE OF M.P Respondents

JUDGEMENT

(1.) The applicant has filed this second application under Section 439 of Cr.P.C for grant of bail, who has been arrested and is in custody since 19.10.2019, in connection with Crime No.779/2019, registered at Police Station Kotwali, District Morena for the offence punishable under Sections 420, 467,468 and 471 of IPC.

(2.) It is the submission of applicant that the case is of false implication. As per allegations, mortgage deed dated 21.02.2012 was executed alongwith sale deed of even date in which the co- accused was beneficiary. The mortgage deed refers payment of Rs.30 lac whereas sale deed refers payment of Rs.12,21,000/- and Rs.7 lac was already given in advance, therefore, approximately Rs.50 lac were given by the co-accused to the complainant party as per agreement to sale dated 24.11.2011. Complainant received full payment and now after 7 years on the pretext of fact that she is illiterate, filed the complaint.

(3.) It is also referred that the civil suit filed at the instance of complainant against present applicant and other co-accused persons (on 23.07.2019) for declaration and permanent injunction and same is pending before Civil Judge Class-I, Morena, therefore, civil transaction has been tried to be converted into a criminal case to exert pressure. Complainant is a Sarpanch and therefore, it is highly improbable that she would have been persuaded or pressurized in any manner.