JUDGMENT

Atul Sreedharan, J. - This application has been filed on behalf of the applicant under section 439 of the Cr.P.C. for offences under sections 420,467,468,471,472,474 read with section 120B of IPC and , registered vide Crime No.95/2020, at P.S. E.O.W Bhopal, District Bhopal.

2. The applicant is in judicial custody since 24/07/2020 in the above said case. The investigating agency is the Economic Offences Wing, Bhopal (hereinafter referred to as the "EOW"). The applicant is 78 years of age and is a retired Colonel of the Indian Army. He is President of the Tilak Grah Nirman Society, Bhopal.

3. Briefly, the facts of this case are that one Rabiya Bi is the complainant along with others registered the FIR against the applicant and other co-accused persons. The property in question is land ad-measuring 93.37 acres situated in Village Singarcholi, Bhopal. The owner was one Faiz Mohammad who died leaving behind seven legal heirs. They are Mohammad Ayub, Mohammad Yakub, Hanifa Sultan, Asma Sultan, Sikandar Khan, Qamar Khan and Anwar Khan. Out of the total area of 93.37 acres, 54 acres was demarcated for residential purpose while the remaining, approximately 39 acres was kept aside fo