Madhya Pradesh High Court
Manoj vs The State Of Madhya Pradesh on 21 February, 2022
Author: Satyendra Kumar Singh
1 M.Cr.C.No.6764/2022
(Manoj Vs. State of M.P.)
Indore : Dated 21.2.2022
Shri Abhinav Dhanodkar, learned counsel for the applicant.
Shri Shaswat Seth, learned Panel Lawyer for the respondent/State.
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.7/2022, registered at Police Station Madhav Nagar, Ujjain, District
Ujjain (M.P.) for commission of offence punishable under Section(s) 420,
467, 468 of IPC.
Prosecution story, in brief, is that complainant's husband late
Harihar Kumar was applicant's uncle. Applicant with the help of co-
accused persons namely; Ravindra Kumar and Manish prepared a forged
will of Late Harihar Kumar dated 21.2.2021 and submitted the same in
the Municipal Corporation, Ujjain for transferring his house bearing
No.38, Dashhara Maidan, Ujjain without informing the complainant.
Learned counsel for the applicant submits that Late Harihar Kumar
was living separately from the complainant for last seventeen years. He
was living with the applicant and in almost of his bank accounts
nominated the applicant as his nominee. He executed the will dated
21.2.2021 in presence of co-accused persons namely; Ravindra Kumar
and Manish Vaidya. There was misunderstanding between the applicant
and complainant, therefore complainant lodged FIR against the applicant
only on the basis of a doubt. The dispute is purely civil in nature.
Complainant and applicant had entered into a compromise as mentioned
in the impugned order dated 31.1.2022. In support of his submissions he
has filed report of forensic expert Sanjay Yadav, wherein signature on the
questioned will was found similar to that of original signature of late
Harihar Kumar. The applicant is in custody for very long period since
10.1.2022. Trial will take time for its conclusion. Hence, prayer is made
to enlarge the applicant on bail. In support of his submissions he has
relied upon the judgment of Hon'ble Supreme Court in the case of
(Manoj Vs. State of M.P.)
Sardool Singh and another Vs. Smt.Nasib Kaur, reported in 1987
(Supp) SCC 146.
Learned counsel for respondent/State opposes the application and
submits that Assistant State Examiner Pooja Sikarwar in its report dated
8.1.2021 has specifically mentioned that signature on forged will are
different from the signature of Late Harihar Kumar, therefore, he was
very well involved in the crime. Offences alleged against him are of
serious in nature, therefore, he is not entitled for bail.
Having considered the rival submissions, material pointed out by
learned counsel for the applicant and also considering the nature of
dispute between the applicant and complainant, this Court is of the view
that the applicant deserves to be enlarged on bail. Hence, without
commenting anything on the merits of the case, the application is
allowed.
It is directed that the applicant be released on bail upon his
furnishing personal bond in the sum of Rs.1,00,000/- (Rupees One Lac
Only) with a solvent surety in the like amount to the satisfaction of the
concerned Court for his appearance before the trial Court on all such
dates as may be fixed in this behalf by the trial Court during the pendency
of trial. It is further directed that applicant shall comply with the
provisions of Section 437 (3) of Cr. P. C.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the
concerned Jail Authority is directed to follow the directions/ guidelines
issued by the Government with regard to COVID-19 before releasing the
applicant.
This M.Cr.C. stands allowed and disposed of.
C. C. as per rules.
(Satyendra Kumar Singh)
Judge
Patil
Digitally signed by
SHAILESH PATIL
Date: 2022.02.22
10:13:46 +05'30'
