Madhya Pradesh High Court
MCRC/13100/2016 of NARSINGH Vs THE STATE OF MADHYA PRADESH on 29 December 2016
STATE OF MADHYA PRADESH) 29-12-2016 Shri Gaurav
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MCRC-13100-2016
(NARSINGHVs THE STATE OF MADHYA PRADESH)
29-12-2016
Shri Gaurav Verma, learned counsel for the applicant.
Shri Pushyamitra Bhargava, learned counsel for therespondent/State.
Case diary is available. Arguments heard.
This is first bail application filed by the applicant under Section439 of the Code of Criminal Procedure for grant of bail.
The present applicant was arrested by the Police Station Bagli,District Dewas in Crime No. 602/2016 under Sections 423, 468,471 and 120-B/34 of IPC.
According to the prosecution story, present applicant is seller ofthe land in respect of which the sale deed executed by the presentapplicant was found forged. It is further alleged that JudicialCommission was set up by the Government to enquire variousallegations regarding preparation of forged sale deeds in respectof land given to oustees due to construction of Sardar SarovarDam on the Narmada River. In the present case, main accused isthe person, who got prepared the forged sale-deed.
Learned counsel for the applicant submits that applicant wasseller. The judicial Commission set up by the Government foundthat many forged registered sale deeds were executed and beingseller the present applicant took active part in execution of suchforged sale deeds. He further submits that during hearing by theJudicial Commission, all the facts and other documents werecollected. Now only a formal investigation is to be done for whichthe presence of the present applicant is not required. However, heundertakes that the present applicant if granted bail would co-operate during the investigation.
Learned counsel for the respondent/State opposes the prayer.
After going through the case diary and taking into considerationthe allegation against applicant, without commenting on themerits of the case, I am of the view that it is a fit case for grant ofbail. The application filed under section 439 of the Cr.P.C. is allowed.
It is directed that the applicant shall be released on bail on hisfurnishing a personal bond of Rs.50,000/-(Rs.Fifty Thousandonly) and one solvent surety of the like amount to the satisfactionof the concerned Magistrate for his appearance on all the dates ofhearing as may be directed in this regard during trial.He is further directed that on being so released on bail, he wouldcomply with the conditions enumerated under section 437(3)Cr.P.C. meticulously.Certified copy as per rules.
(ALOK VERMA)JUDGE