Madhya Pradesh High Court
Smt. Shantibai vs The State Of Madhya Pradesh on 26 July, 2021
Author: Deepak Kumar Agarwal
1
The High Court of Madhya Pradesh
MCRC No. 33951/2021
Smt. Shantibai vs. State of MP
Gwalior dated 26/07/2021
Heard through Video Conferencing.
Shri Pradeep Katare, Counsel for the applicant.
Shri Alok Sharma, Panel lawyer for the respondent/ State.
Case-diary is perused.
Appellant apprehends her arrest in connection with Crime
No.58 of 2009 registered at Police Station Pavai, District Bhind
for the offences punsishable under Sections 420, 467, 468, 471,
120-B of IPC.
As per the applicant, agriculture lands bearing Survey nos.
44, 48, 130 situated in Village Didona, District Bhind were
recorded in the name of Hanumanji Temple. Afterwards, the Pujari
of the said temple, namely, Hanuman Das in connivance with
Patwari Mouza, mutated his name in the revenue records on the
basis of forgery. Afterwards, Hanuman Das, sold the said property
in favour of Smt. Bebi Chauhan, Wife of Mahesh Singh in year
2006. Applicant- accused Smt.Shanti Bai had purchased the said
property from Bebi Chauhan, as a bona fide purchaser. The trial
Court has acquitted Bebi Chauhan and convicted Hanuman Das
and Patwari - Om Prakash from the said offences. The applicant is
a 80 year old lady. She has been falsely implicated in the case.
There is no likelihood of her absconding or tampering with the
prosecution case. Hence, it is prayed that the applicant may be
enlarged on anticipatory bail.
On the other hand, State Counsel opposed the application
and prayed for its rejection.
As per prosecution case, the Revenue Officers lodged a
written complaint at Police Station Pavai stating therein that the
one accused (Pujari of Hanumanji Temple), namely, Hanuman Das
has mutated his name in the revenue records regarding survey no.
44, area 0.34 hectare, survey no. 48, area 0.61 hectare and survey
no.130 area 0.17 hectare total 1.12 hectares of land, but there was
no basis of recording his name in Khasra, Samvat 2056- 2060.
Afterwards, Hanuman Das sold the said property in favour of Bebi
Chauhan, Wife of Mahesh Singh. Thereafter, Bebi Singh sold the
said property in favour of applicant-accused Smt. Shanti Bai. On
the report of Revenue Officers, Crime No.58 of 2009 for offence
under Sections 420, 467, 468, 471, 120-B of IPC was registered
and the matter was investigated. After completion of investigation,
charge sheet was filed against Hanuman Das, Bebi Chauhan, wife
of Mahesh Singh and Patwari- Om Prakash. By the judgment
dated 30/08/2019, Bebi Chauhan wife of Mahesh Singh who had
sold the said property to present applicant-accused Smt. Shanti
Bai, has been acquitted and Hanuman Das and Patwari Om
Prakash have been convicted.
Considering the aforesaid facts and circumstances of the
case, coupled with the fact that the applicant is 80 year old lady,
without commenting on the merits of the case, this Court is
inclined to grant anticipatory bail to the applicant. It is hereby
directed that in the event of arrest, the applicant shall be released
on bail on furnishing a personal bond in the sum of Rs.25,000/-
(Rupees Twenty Five Thousand only) with one solvent surety of
the like amount to the satisfaction of Arresting Authority.
The applicant shall further abide by all other conditions as
enumerated in sub-section (2) of Section 438 of Cr. P. C.
E-copy/certified copy as per rules.
(Deepak Kumar Agarwal)
Judge
MKB
MAHENDRA Digitally signed by MAHENDRA KUMAR BARIK
DN: c=IN, o=HIGH COURT OF MADHYA
PRADESH BENCH GWALIOR, ou=HIGH COURT
KUMAR
OF MADHYA PRADESH BENCH GWALIOR,
postalCode=474011, st=Madhya Pradesh,
2.5.4.20=f592da990684fe30f8e1e29a4a1a9e345
1ee450d883083a8e4cc8020eee6f7cb,
BARIK cn=MAHENDRA KUMAR BARIK
Date: 2021.07.27 14:01:51 +05'30'
