Raju vs The State Of Madhya Pradesh
2022 Latest Caselaw 1653 MP

                                                                     1
                                      IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                                                                   BEFORE
                                                HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
                                                          ON THE 4th OF FEBRUARY, 2022

                                                  MISC. CRIMINAL CASE No. 4290 of 2022

                                           Between:-
                                           RAJU S/O MOTILAL MEHTA , AGED ABOUT 58
                                           YEARS, OCCUPATION: LAAUNDRY 5-E RISHI
                                           PALCE COLONY DWARKAPURI (MADHYA
                                           PRADESH)

                                                                                                .....PETITIONER
                                           (BY SHRI AMIT BHATIA)

                                           AND

                                           THE STATE OF MADHYA PRADESH STATION
                                           HOUSE OFFICER THROUGH POLICE STATION
                                           DWARKAPURI (MADHYA PRADESH)

                                                                                              .....RESPONDENTS
                                           (BY SHRI PRANAY JOSHI, PL & SHRI SADASTAY DEV)
                                                       (Heard through Video Conferencing)
                                         This application coming on for orders this day, Hon'ble Shri Justice
                                   Satyendra Kumar Singh passed the following:
                                                                      ORDER

With the consent, heard finally.

Perused the case diary.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested on 23.11.2021 in connection with Crime No.703/2021 registered at Police Station Dwarkapuri, District Indore (M.P.) for commission of offence punishable under Sections 420, 467 and 468 of IPC.

Prosecution story, in brief is that applicant with an intent to commit cheating got executed an agreement to sale from Chand Khan in his favour on a forged stamp paper. Accordingly, case has been registered against the applicant.

Learned counsel for the applicant submits that complainant filed a civil suit with regard to the property which was purchased by the applicant from Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2022.02.05 11:11:54 IST

Chand Khan through agreement to sale on stamp paper which is alleged to be forged. Civil suit filed by the complainant was dismissed and appeal preferred thereafter has also been dismissed. Now to challenge the documents executed in favour of the applicant, this false ground has been created and FIR has been lodged against him. Applicant has not committed any offence. Even otherwise, applicant is in custody for since 23.11.2021. Investigation is

complete and charge-sheet has been filed. Trial will take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for respondent/State as well as learned counsel for the objector has opposed the application and submits that stamp paper on which agreement to sale was executed by Chand Khan in favour of the applicant has been found to be forged. Stamp vendor himself has denied to have sold stamp to the applicant. Offences alleged against the applicant are of serious in nature. Hence, no case for grant of bail is made out.

Having considered the rival submissions, material produced on record and the fact that in civil suit filed by the complainant, the issue framed with regard to illegal possession of the applicant on the property in dispute was not found as proved and also the fact that appeal filed against the judgment passed in aforesaid civil suit has already been dismissed, without commenting anything on merits of the matter, this Court is of the considered view that it is a fit case for grant of bail to the applicant. Hence, this application is allowed.

It is directed that applicant shall be released on bail on his furnishing a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the committal/trial Court to appear before the Court on the dates given by the concerned Court. It is directed that applicant shall comply with the provisions of Section 437(3) Cr.P.C.

I n view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned jail authorities are directed to follow the directions/guidelines issued by the Government with regard to 'COVID-19' before releasing the Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2022.02.05 11:11:54 IST

applicant.

This M.Cr.C. stands allowed and disposed of. C.C., as per rules.

(SATYENDRA KUMAR SINGH) JUDGE sh

Signature Not Verified SAN

Digitally signed by SEHAR HASEEN Date: 2022.02.05 11:11:54 IST