Madhya Pradesh High Court
MCRC/13130/2016 of BADRI Vs THE STATE OF MADHYA PRADESH on 29 December 2016
STATE OF MADHYA PRADESH) 29-12-2016 Shri Gaurav Verma,
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MCRC-13130-2016
(BADRIVs 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. 661/2016 under Sections 423, 468,471 and 120-B/34 of IPC.
According to the prosecution story, present applicant is purchaserof the land in respect of which the sale deed executed by thepresent applicant was found forged. It is further alleged thatJudicial Commission was set up by the Government to enquirevarious allegations regarding preparation of forged sale deeds inrespect of land given to oustees due to construction of SardarSarovar Dam on the Narmada River. In the present case, mainaccused is the person, who got prepared the forged sale-deed.Learned counsel for the applicant submits that applicant waspurchaser. The judicial Commission set up by the Governmentfound that many forged registered sale deeds were executed andbeing purchaser the present applicant took active part inexecution of such forged sale deeds. He further submits thatduring hearing by the Judicial Commission, all the facts and otherdocuments were collected. Now only a formal investigation is tobe done for which the presence of the present applicant is notrequired. However, he undertakes that the present applicant ifgranted 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