MP High Court Denies Anticipatory Bail To Man Accused Of Forging Mother's Will

• The Madhya Pradesh High Court has denied anticipatory bail to a man accused of forging his mother's will.
• The allegations against him go beyond a mere civil dispute, according to the court.
• The case involves forgery and cheating, with allegations of suppression of evidence and intentional concealment of facts.
• The Madhya Pradesh High Court has traditionally been cautious in granting anticipatory bail in such cases.
• This decision highlights the importance of transparency and honesty in legal proceedings.

The allegations against him go beyond a mere civil dispute, according to the court.

The Madhya Pradesh High Court's Indore Bench has denied anticipatory bail to Shadab Hussain Sarfaraj Hussain in a case of forgery and cheating. The allegations against him go beyond a mere civil dispute, according to the court. Shadab Hussain is accused of forging his deceased mother's will to grab her Ujjain property and cut out his sister from her share. The case originated from a complaint by Nilofer Bee, who alleged that her brother surfaced the will only in 2023 and got the plot mutated in his name without their consent. He then transferred it through a registered sale deed in October 2024 to his own son and co-accused, Atif Raja Dehlvi. The police seized the will and sent forensic samples for analysis, which concluded that the disputed document did not carry Nafeesa Bano's thumb impression.

The court relied on the Supreme Court's ruling in Nikita Jagganath Shetty v. State of Maharashtra, which emphasized that anticipatory bail is an exceptional remedy reserved for cautious and judicious exercise. The Madhya Pradesh High Court has traditionally been cautious in granting anticipatory bail in cases involving forgery and cheating, particularly where there are allegations of suppression of evidence and intentional concealment of facts. In this case, the court found Shadab Hussain's explanation for omitting to mention his son's previous denial of anticipatory bail to be unconvincing. The government advocate, Rahul Solanki, appeared on behalf of the State and supported the prosecution's argument.

This decision highlights the Madhya Pradesh High Court's cautious approach to granting anticipatory bail in cases involving forgery and cheating. Lawyers should be aware that this court is particularly vigilant in such matters, especially where there are allegations of suppression of evidence and intentional concealment of facts. The case also underscores the importance of transparency and honesty in legal proceedings. Shadab Hussain's attempt to downplay his son's previous denial of anticipatory bail was seen as suspicious by the court.

Lawyers should be aware of the Madhya Pradesh High Court's cautious approach to granting anticipatory bail in cases involving forgery and cheating, particularly where there are allegations of suppression of evidence and intentional concealment of facts.

Source: Original reporting via [Source]