- (1.)This is first bail application filed by applicants Mitthulal Agrawal and Shailesh Agrawal under Section 438 of the Cr.P.C., before this Court for grant of anticipatory bail.
(2.)Case diary is available.
(3.)The present applicants apprehend their arrest by the Police Station Juni Indore, District -Indore in connection with Crime No.155/2016 for the offence punishable under Section 420, 406 of IPC. According to the prosecution case, the applicants have entered into compromise with the complainant an agreement to sale and obtained Rs.11,00,000/ - showing the property an unencumbered, however, the property was mortgaged with a bank and put to auction for sale. The complainant deposited Rs.11,00,000/ - with the bank and got auction stayed. However, no registered sale deed was executed in favour of complainant nor the amount was returned to the complainant and, therefore, complainant approached the Court of JMFC, Indore, who issued instruction u/S.156 (3) of Cr.P.C. to the concerning police station. On his instruction, the crime was registered.