Chhanna Lal Markandey vs State Of Chhattisgarh
2023 Latest Caselaw 131 Chatt

             HIGH COURT OF CHHATTISGARH, BILASPUR

                             MCRCA No. 1741 of 2022

• Chhanna Lal Markandey S/o Late Jawahar Lal Markandey, Aged About 58 Years
  Caste - Satnami, R/o - Dubey Colony, Police Station - Mova (Pandri), Raipur, Tahsil
  And District - Raipur (C.G.). Present R/o. - Notary And Advocate, District Court
  Premises Raipur, District - Raipur Chhattisgarh

                                                                              ---- Applicant

                                       Versus

1. State Of Chhattisgarh Through - District Magistrate Raipur, District - Raipur
   Chhattisgarh

2. Surendra Singh Chawla S/o Late Mahendra Singh Chawla, Aged About 60 Years R/o. - Qt.
   2/22, Govind Nagar, Raipur, Tahsil And District - Raipur Chhattisgarh

                                                                         ----Non-applicants




   06/01/2023               Mr. P.K. Patel, counsel for the Applicant.

                            Mr. Amit Verma, P.L. for the State.

                            Mr. K.P.S. Gandhi, counsel for the Objector.

                            Heard on I.A. No. 01/2022, an application for interim bail to
                the applicant.

                            Learned counsel for the applicant submits that applicant is
                a notary and case has been registered on complaint made by
                respondent No. 02 against applicant and other co-accused. The

applicant is a notary and during normal course of profession on affidavit for the purpose of getting electricity connection, has been notarized. It is an allegation that a person who has come for notarization is a dead person but according to his perception the person is identified by some witness. Therefore under bonafide belief the affidavit was notarized by him, since it is a case registered in a complaint and according to the instruction warrant of arrest has been issued against him therefore for the time being till disposal of this MCRCA interim protection may be granted.

Learned counsel for the State submits that this case is registered on the basis of complaint by the respondent No. 02 before the Judicial Magistrate First Class.

Learned counsel for the Objector submits that the applicant has committed the offence since he has notarized and affidavit of dead person therefore he is not entitled for any relief. He relied upon the judgment passed by Hon'ble Supreme Court in case of Bar council of Andhra Pradesh Vs B. Narayan Swamy Civil Appeal No. 7133 of 2013 Judgment dated 15.09.2014 and Hon'ble Delhi High Court in case of Gian Singh Vs. State Ano. Crl.M.C No. 2135 of 2007 judgment dated 11.12.2009.

I have heard learned counsel for the parties and their rival submissions.

Considering the fact and circumstances of the case submissions made at the Bar for the time being this Court is inclined to allow this ad-interim bail application.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the Sum of Rs. 25,000/- along with once solvent surety for the like amount to the satisfaction of the trial Court.

I.A. No. 01/2022 is disposed off.

List this case for final hearing in the week commencing 23.01.2023.

Sd/-

(Sachin Singh Rajput) Judge

vaishali