Om Prakash Parmar vs State Of Madhya Pradesh

This is first bail application under Section 438 of the Cr.P.C., 1973 for grant of anticipatory bail. The applicant is apprehending arrest in connection with the case registered under Crime No.67/2019, Police Station Birlagram, Nagda, District Ujjain for offences said to have been committed under Section 420 of IPC.

Facts of the case, in short, are as under:

That one Jagdish Chawda, Advocate being a power of attorney holder (dated 18.12.2018) of Gurdeep Singh lodged an FIR on 24.02.2019 in Police Station Birlagram, Nagda against the applicant and co-accused Resham Singh. As per the allegation made in the FIR, Gurdeep singh and Late Ajit Singh are real brother. Ajit Singh died on 29.11.2012. He owned a land bearing Survey No.1415/3/2 (area 0.252 hectare), situated at Gram Palyakala, Nagda. He had executed a Will in favour of Gurdeep Singh. On the basis of said Will, Gurdeep Singh filed a civil suit in the Court of Civil Judge, Junior Division, Hoshiarpur (Punjab) against Jeetlal S/o Harbanslal. Vide judgement and decree dated 05.07.2017, the suits has been decreed ex-parte in favour of Gurdeep Singh and he has been declared owner of land bearing Survey No.1415/3/2 (area 0.252 hectare), situated at Gram Palyakala, Nagda.

According to the complainant, present applicant and Resham Singh have sold the land bearing Survey No.1415/3/2 (area 0.252 hectare), situated at Gram Palyakala, Nagda to Nitin Alwani and Shyam Sundar Tilwani vide sale deed dated 22.12.2017 and 23.12.2017, therefore, they committed forgery with Gurdeep Singh. On the basis of aforesaid complaint, FIR has been registered against the present applicant and Resham Singh under Section 420/34 of IPC.

Learned counsel for the applicant submits that Ajit Singh had executed a registered Will dated 15.04.2015 in the name of her daughter - Tejinderpal Kaur bequeathing the land bearing Survey No.1415/3/2 (area 0.252 hectare), situated at Gram Palyakala, Nagda. On the basis of said registered Will vide order dated 17.03.2014, her name was mutated in the revenue record by the Tehsildar Nagda. Against the aforesaid order, Gurdeep Singh filed an appeal before the Sub Divisional Officer and that has been dismissed vide order dated 18.05.2016. Late Tejinderpal Kaur expired due to cancer and in her place name of Omprakash i.e. the present applicant has been mutated in the revenue record by the Tehsildar vide order dated 30.03.2017 on the basis of Will.

Being aggrieved by the order dated 30.03.2017, Gurdeep Singh filed an appeal before the SDO and that too has been dismissed vide order dated 03.10.2017. Thereafter, he preferred an appeal before the Commissioner on 20.12.2017 and the same is pending. He further submits that Late Tejinderpal Kaur was not party in the civil suit filed in the Court of Hoshiarpur, therefore, the said decree is not binding on Late Tejinderpal Kaur. The complainant Gurdeep Singh has obtained ex-parte decree. He was aware about the will in favour of Late Tejinderpal Kaur. He has also filed a complaint case before the JMFC, Nagda and a Writ Petition NO.5386/2018 before this Court. By suppressing all these facts, he has got registered FIR against the present applicant.

Learned GA opposes the bail application by submitting that if present applicant gets bail he will influence the witness.

Ms. Sumanlata Tamrakar, learned counsel for the objector submitted that Ajit Singh died issueless. Tejinderpal Kaur was not his daughter and the applicant and Late Tejinderpal Kaur got prepared a forged Will and sold the property to Ajit Singh. Gurdeep Singh being a brother has succeeded the property of Ajit Singh by way of succession as well as by way of Will, hence, applicant is not entitled for bail.

Prima-facie, the dispute between the applicant and Gurdeep Singh is purely civil in nature. Gurdeep Singh is having decree in his favour from the Court of Hoshiarpur for the property in Nagda. The name of present applicant and the Late Tejinderpal Kaur had already been mutated in the revenue record. The appeal against the said order has already been dismissed.

Recently, the Apex Court in Criminal Appeal No.834/2017 (The Commissioner of Police & Others Vs. Devender Anand & Others) has held that criminal proceedings have been initiated by the complainant to settle a civil dispute which is nothing but an abuse of process of law.

In view of the above, I find prima-facie case in favour of the applicant. Hence, keeping in view the aforesaid facts and circumstances, without further commenting on the merits of the case, it would be appropriate grant the anticipatory bail to the applicant - Prem Singh.

Accordingly, it is the directed that in the event of arrest the applicant - Om Prakash Parmar S/o Kanhaiyalal be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the arresting Officer for his regular appearance before the Police during the investigation or before the Court during trial for complying with the conditions enumerated in sub-Section (2) of Section 438 of the Cr.P.C.

Certified copy as per rules.