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2021 (8) TMI 1406

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..... 0, 467, 468, 471, 120B of the IPC. The first application was dismissed vide order dated 8.6.2021 passed in M.Cr.C. No.24658/2021 on merit. As per prosecution case, complainant Mr. Madhusudan Nyati and others have lodged an FIR at Police Station Khajrana, Indore (at Crime No.159/21) that they are members of Mazdoor Panchayat Grih Nirman Sahkari Sanstha Maryadit, Indore (for short 'the society'). The society started development of Residential colony in the name of Pushp Vihar Colony in the year 1990 and allotted the plots to its members and thereafter sale deeds were also executed. The complainants came to know that Deepak Jain @ Dilip Sisodiya @ Deepak Maddha s/o Anandilal Jain in connivance with the then president of the society Di .....

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..... Another FIR has been lodged (at Crime No.161/2021) by the complainant D.Devrajan s/o Dharmrajan for the offence punishable under sections 406, 420, 467, 468, 471 IPC r/w 120-B IPC against the applicant and other accused, hence the present bail applications before this Court, hence two bail applications have been filed by the applicant. Shri A.K. Sethi, learned senior counsel appearing for the applicant submits that the earlier (first) application was dismissed mainly on the ground that other co-accused have not been arrested; secondly, the investigation is pending; thirdly, looking to the allegations against the applicant are serious in nature . He submits that all the accused have now been arrested; the investigation is over and charge- .....

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..... cannot be a change circumstance. Though only two FIRs have been registered but there are as many as 45 members of the society who have made complaints against the present applicant. In order to avoid registration of multiple FIRs in respect of the same transaction, only two FIRs have been registered. It is further submitted that by way of criminal conspiracy the sale-deed was executed in favour of the applicant by an unauthorised person as a Manager of the society, but he was neither member nor Manager of the society. The petitioner issued four cheques of Rs.50.00 Lakhs each for purchasing an agricultural land and out of which, only one cheque was presented before the bank in the account opened in the name of the society by way of forgery. .....

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..... y with unauthorised persons. It is not in dispute that the entire sale-consideration was not paid at the time of execution of the sale-deed , eve till date and thereafter the applicant has mortgaged the land in question and took the loan of Rs.7.5 Crores and the same has also not been repaid . In the city of Indore, the local administration is trying hard to get the lands released from the hands of land mafias. Several hardcore land mafias have been arrested by the police by registering FIRs against them. The administration is making all efforts for the release of the lands to innocent purchasers and members who have invested their hard-earned money with a dream to construct a house . In the present case, if the applicant is released on ba .....

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