9911796707
TMI Blog2021 (8) TMI 1406X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 bail, it will give setback to the efforts which are being done by the Government as well as the local administration for release of the land in favour of members of the so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the land of the society as an agricultural land (area 2.5 acres out of 15.5 acres of land) by way of forged sale deed dated 31.03.2006. Nasim Hyder who signed the sale deed in the capicity of the Manager was not authorized by the society to execute the sale deed. No permission from the District Registrar, Cooperative Societies was obtained before execution of the sale deed. They have sold the land of the society which had already been allotted/sold to the members including the complainant and others. After registration of two Firsthe investigation was started . It has been reveled that that the present applicant and Omprakash Dhanwani got executed sale deed dated 31.03.2006 for total sale consideration of Rs.2 Crores and for payment of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case is based on documentary evidence which have already been seized by the police, therefore, there is no question of tempering with any evidence. No custodial interrogation is required now in this case. No purpose would be served by keeping the applicant in jail during pendency of the trial. The trial may take time to conclude because of the voluminous record as well as examination of 34 witnesses of the prosecution. Shri Sethi further submits that the applicant is a bona fide purchase of the land admeasuring 2.5 Acres by way of registered saledeed dated 24.4.2006. Even if the seller was not not having authority to execute the sale deed and no permission was obtained from the concerned department, the purcahser cannot be held responsible ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or residential purpose but the same was sold as an agricultural land. Therefore, there are various irregularities and illegalities in the execution of the sale-deed for which the FIR has rightly been registered. In the similar facts and circumstances, the coordinate Bench of this Court in the case of Nyaya Nagar Extension has denied the bail to the accused - Nitin vide order dated 28.7.2021 passed in M.Cr.C. No.26558/2021 and granted liberty to renew the application after filing of challan against him and after examination of complainant by the court below. Hence, this repeat bail application is liable to be rejected. I have heard the ld. Counsel for the paries and perused the Charge sheet/ case dairy. So far as merits of the case is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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