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2022 Supreme(MP) 1545

SUBODH ABHYANKAR
Mohammad Javed @ Javed Shaikh – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
A.S. Garg, Advocate, Kaushal Sisodia, Advocate, Seema Maheshwari, Advocate, Ronak Jain, Advocate
Final Result : Allowed

JUDGMENT

Subodh abhyankar, J. - This is the applicant's first bail application under Section 439 of the Code of Criminal Procedure, 1973. He is implicated in connection with Crime No.943/2021 registered at Police Station - Chandan Nagar, District - Indore for the offences punishable under Sections 420, 467, 468 & 471 of the Indian Penal Code. The applicant is in custody since 28.01.2022.

The allegation against the present applicant is that after obtaining the consideration to sale the plot, the plot was not sold to the complainant.

Learned Senior Counsel for the applicant has submitted that the plot was sold by the applicant on the basis of agreement in anticipation of the earlier document with the original owner of the property. However, as the sale could not be materialized, subsequent sale deed entered into between the applicant and the complainant and went into jeopardy. He has further submitted that they have settled their dispute and also filed an application under Section 320(2) of the Cr.P.C. for compounding of the offence, copy of which is also placed on record. The applicant is in jail since 28.01.2022. The final conclusion of the trial will take sufficiently long time. Henc

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