Santosh Verma vs The State Of Madhya Pradesh
2021 Latest Caselaw 8875 MP

1                          M.Cr.C.No.50028/2021
                      (Santosh Verma Vs. State of M.P.)

Indore : Dated 15.12.2021
      Shri Naveen Singh, learned counsel with Shri Kunal Bhawar,
learned counsel for the applicant.
      Ms. Archna Kher, learned Dy.Advocate General for the respondent

No.1/State on advance notice.

Shri Dharmendra Gurjar, learned counsel for the objector. Ms. Harshita Verma, Objector, present in person. Heard on I.A.No.27849/2021 and I.A.No.28846/2021. I.A.No.27849/2021 is an application filed by the objector under Section 301(2) of Cr.P.C.for granting permission to assist the learned counsel for the respondent No.1/State.

The objector is wife of the applicant on whose complaint criminal case bearing No.1621/2019 was initiated against the applicant.

The application is supported by an affidavit and has not opposed by the applicant, therefore, the same is allowed.

I.A.No.28846/2021 is an application filed by the applicant for taking on record copy of the charge sheet as additional document.

Learned counsel for the respondent/State as well as learned counsel for the objector have not opposed the aforesaid application, therefore, the same is allowed.

Heard on the application filed by the applicant under Section 439 of Cr.P.C.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested in connection with Crime No.155/2021, registered at Police Station, M.G.Road, Indore, District Indore (M.P.) for commission of offence punishable under Section 120B, 420, 467, 468, 471, 472 of IPC.

Prosecution story, in brief, is that a criminal case bearing No.1621/2019 for the offence punishable under Section 294, 323 and 506(II) of IPC was pending before the Court of JMFC, Indore. The applicant in connivance with other person made a conspiracy and

(Santosh Verma Vs. State of M.P.)

obtained copy of forged and fabricated judgment dated 6.10.2020, which is said to be passed in the aforesaid criminal case, from the copying section of the District Court, Indore with an intent to cheat the Government submitted that same before competent authority and got promotion awarding IAS cadre.

Learned counsel for the applicant submits that applicant has falsely been implicated in the matter as he after knowing the fact that judgment has been passed in his criminal case, he applied and obtained certified copy as per procedure from the copying section of the District Court. All the officials of District Court and also Public Prosecutor have specifically stated in their statements recorded under Section 161 of Cr.P.C. that they saw the original judgment dated 6.10.2020 in the concerned file. Applicant neither forged any document nor committed any cheating. No offence is made out against him. He is in custody since 10.7.2021. Charge sheet has been filed. Trial will take time for its conclusion, therefore, prayer is made to enlarge the applicant on bail.

Learned counsel for the applicant has placed reliance on the judgment of Hon'ble Supreme Court in the case of Sheila Sebastian Vs. R.Jawaharaj and another, (2018) 7 SCC 581 to bolster his submissions.

Learned counsel for respondent/State as well as the objectors have opposed the application and submitted that before 6.10.2020 the criminal case against the applicant was pending before the Court of JMFC, Indore as Cri.Case No.1621/2019. Applicant himself filed an application dated 26.9.2020 under Section 410 of Cr.P.C. for transferring the case to some other Court as none of the prosecution witnesses were examined till then in that matter. On the basis of aforesaid application Court of Chief Judicial Magistrate,l Indore vide order dated 30.9.2020 transferred the case to the said Court of JMFC, Indore, who received the file on 3.10.2020 and posted the same for recording of prosecution evidence. From the aforesaid document it is clear that applicant was very well aware about the fact that till 3.10.2020 no prosecution witness was

(Santosh Verma Vs. State of M.P.)

examined by the prosecution in his case. Even the, on 17.10.2020 he applied for certified copy of the judgment dated 6.10.2020, which itself shows his connivance in the matter. He after submitting certified copy of the aforesaid forged and fabricated judgment got promotion awarding IAS cadre. He being senior officer of the Government committed such type of offence involving himself in conspiracy, therefore, he is not entitled for bail.

Perusal of the record reveals that applicant himself filed an application dated 26.9.2020 under Section 410 of Cr.P.C. for transferring the case to some other Court on the ground that till then no prosecution witness has been examined in the matter. He was regularly appearing in the aforesaid matter, therefore, it can also be inferred that he knew the proceeding of the Court dated 3.10.2020, whereby case was fixed for 23.11.2020. Learned counsel for the applicant was unable to explain as to how applicant knew about the fact of passing judgment dated 6.10.2020. During arguments it was stated that he sought information about passing of the judgment from internet, but it has come on record that the said judgment dated 6.10.2020 was not uploaded on CMIS. Applicant knowing the fact that his case was not fixed for judgment, even then, applied and obtained copy of the forged judgment dated 6.10.2020. Thereafter, submitted the same before the competent authority and got promotion awarding IAS cadre. Therefore, considering the totality of the facts and circumstances of the case, this Court is of the view that the applicant does not deserve to be enlarged on bail. Hence, the application is dismissed.

(Satyendra Kumar Singh) Judge

Patil

Digitally signed by SHAILESH PATIL Date: 2021.12.15 18:25:33 +05'30'