Ram Mohan Soni v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 961 of 2018 • Ram Mohan Soni, S/o late Shri Bhaggu Lal Soni, aged about 56 years, R/o Station Road near Utsav Palace, Gayatri Mandir, Ward No.25, Durg, PS Mohan Nagar, Civil & Revenue District Durg (CG) ---- Applicant
Versus
• State Of Chhattisgarh Through the Station House Officer, Police Station - Durg, Civil & Revenue District- Durg, Chhattisgarh ---- Non-Applicant For Applicant : Shri Sunil Sahu, Advocate.
For Non-Applicant : Shri Shashank Thakur, Govt. Advocate. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 11/10/2018 :
1. The applicant has preferred this application for grant of anticipatory bail as he apprehends his arrest in connection with Crime No.734/2017, registered in Police Station Durg, District Durg for offence punishable under Sections 420 and 120-B/34 of the IPC.
2. Case of the prosecution is that the accused persons are involved in forging the documents of transaction of sale and purchase of land, which is stated to be belonging to co-accused Godawari, who sold it to Praveen Kumar Mishra and thereafter Praveen Kumar Mishra sold the land to Aditya Prakash Namdeo. According to the prosecution, Godawari sold her land situated in Khasra No.34/2 to Praveen by registered sale deed dated 20th October, 2010. Thereafter in the year 2015, Praveen sold his land to Aditya on 13.7.2015. When the new purchaser Aditya made an enquiry from the revenue office, it came to
the light that no land is available on the spot.
3. As per the prosecution case itself, role of the applicant, who was Patwari at the relevant point of time, is only to the extent that he visited the spot and shown some vacant land to Praveen, giving him confidence and assurance that the land is available on the spot being free from any dispute and he can purchase the same.
4. Co-accused Krishna Dev Singh has been allowed anticipatory bail by this Court in MCRCA No.265/2018 whereas Sunil Kumar has been released on anticipatory bail in MCRCA No.1006/2017. Earlier coaccused Godawari was directed to be released on regular bail in MCRC No.5298/2017.
5. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicant, he shall be released on anticipatory bail on his executing a personal bond for a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:- (i) he shall make himself available for interrogation by a police officer as and when required;
(ii) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer.
Sd/- Judge (Prashant Kumar Mishra) Barve