Madhya Pradesh High Court
MCRC/13158/2016 of KAILASH Vs THE STATE OF MADHYA PRADESH on 29 December 2016
STATE OF MADHYA PRADESH) 29-12-2016 Shri Nilesh
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MCRC-13158-2016
(KAILASHVs THE STATE OF MADHYA PRADESH)
29-12-2016
Shri Nilesh Dave, learned counsel for the applicants.Shri Pushyamitra Bhargava, learned counsel for therespondent/State.Case diary is available. Arguments heard.
This is first bail application filed by the applicants under Section439 of the Code of Criminal Procedure for grant of bail.
The present applicants were arrested by the Police Station Bagli,District Dewas in Crime No. 582/2016 under Sections 420, 467,468, 471 and 120-B/34 of IPC.
According to the prosecution story, present applicants arepurchasers of the land in respect of which the sale deed executedby the present applicants was found forged. It is further allegedthat Judicial 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 applicants submits that applicants werepurchasers. The judicial Commission set up by the Governmentfound that many forged registered sale deeds were executed andbeing purchasers the present applicants 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 applicants is notrequired. However, he undertakes that the present applicants 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 applicants shall be released on bail on theirfurnishing a personal bond of Rs.50,000/- (Rs.Fifty Thousandonly) each and one solvent surety each of the like amount to thesatisfaction of the concerned Magistrate for their appearance onall the dates of hearing as may be directed in this regard duringtrial.
They are further directed that on being so released on bail, theywould comply with the conditions enumerated under section437(3) Cr.P.C. meticulously.Certified copy as per rules.
(ALOK VERMA)JUDGE