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Madhya Pradesh High Court

Tarkeshwar Nath Dwivedi vs The State Of Madhya Pradesh on 27 June, 2022

Author: Dinesh Kumar Paliwal

Bench: Dinesh Kumar Paliwal

                                                                    1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT JABALPUR
                                                                  BEFORE
                                                HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                            ON THE 27th OF JUNE, 2022

                                                 MISC. CRIMINAL CASE No. 26924 of 2022

                                           Between:-
                                           TARKESHWAR NATH DWIVEDI S/O LATE SHRI
                                           P.S. DWIVEDI , AGED ABOUT 45 YEARS,
                                           OCCUPATION: BUSINESS R/O WARD NO.7
                                           BEHIND MPEB COLONY, SHAHDOL, P.S.
                                           KOTWALI SHAHDOL, DISTT. SHAHDOL (M.P.)
                                           (MADHYA PRADESH)

                                                                                                 .....PETITIONER
                                           (BY SHRI SHARAD VERMA, ADVOCATE)

                                           AND

                                           THE STATE OF MADHYA PRADESH THE.P.S.
                                           GOHPARU P.S. GOHPARU, DISTT. SHAHDOL
                                           (M.P.) (MADHYA PRADESH)

                                                                                              .....RESPONDENTS
                                           (BY MS. KAMLESH TAMRAKAR, PANEL LAWYER )

                                         This application coming on for admission this day, the court passed the
                                   following:
                                                                     ORDER

This is first bail application under Section 439 of Cr.P.C. filed by the applicant Tarkeshwar Nath Dwivedi.

The applicant is in custody since 1.9.2021 in connection with Crime No. 340 of 2019 registered at P.S.- Gohparu, District Shahdol (M.P.) for the offence punishable under Section 420, 467, 468, 471 of IPC.

Learned counsel for the applicant has submitted that applicant has not Signature Not Verified SAN committed any offence. He has been falsely implicated. One MULTIX MAX Digitally signed by DEEPA MISHRA Date: 2022.06.28 10:41:00 IST MAGIC bearing Engine No. S6E8571035 was purchased from his showroom.

One Rakshit Pandey prepared insurance policy of the aforesaid vehicle for a period from 26.5.2017 to 25.5.2018. Applicant has nothing to do with commission of offence as he has not issued the insurance policy.

Learned counsel for the applicant further submitted that after investigation, charge sheet has been filed and applicant is in jail for the last 8 months. He further submitted that no purpose would be served by keeping the applicant in jail for an indefinite period. He is permanent resident of Shahdol and shall abide by all the conditions whatsoever, imposed by this Court. Learned counsel further submitted that applicant is ready to deposit the entire award amount along with interest passed against non applicants No.1 and 2 by the MACT Shahdol. Therefore, it has been prayed that applicant/ accused be released on bail.

On the other hand, learned Panel Lawyer has opposed the grant of bail to the applicant/ accused and has submitted that applicant who runs Satyam Mangalam Showroom has issued fake insurance policy. He had prepared forged and fake documents with a view to cheat the owner of vehicle. Therefore, she has prayed for dismissal of the bail application of the applicant.

As per prosecution story, vehicle MULTIX MAX MAGIC was purchased by one Digvijay Singh from Satyam Mangalam showroom run by the present applicant. The insurance policy of the vehicle was issued for a period from 26.5.2017 to 25.5.2018 but after accident of vehicle in investigation it was found that their insurance policy is fake and forged and there is no insurance agent named Rakshit Pandey. It was found that the applicant who is proprietor Signature Not Verified of Satya Mangalam Showroom had prepared fake and forged insurance policy SAN and issued the same in favour of the owner of the vehicle.

After investigation charge sheet has been filed and applicant is facing 3 sessions Trial. An award has been passed against Rajesh Vishwakarma and Digvijay Singh owner and driver of the vehicle and they have been directed to pay an amount of Rs.72,000/- jointly and separately along with interest at the rate of 7.2% per annum to the injured/ applicant.

However, without commenting on the merits of the case, application of the applicant under Section 439 of the Cr.P.C. is hereby allowed, subject to condition that applicant/ accused Tarkeshwar Nath Dwivedi who is facing criminal trial for issuing a forged and fake insurance policy of the vehicle, shall deposit entire award amount along with interest before the Court of MACT, Shahdol within two weeks from today. It is directed that upon furnishing of proof of payment of award along with interest amount before the learned Trial Court, applicant- Tarkeshwar Nath Dwivedi be released on bail on his furnishing a personal bond to the sum of Rs.1,00,000/- (Rupees One Lacs Only) with one solvent surety in the like amount to the satisfaction of the learned Trial Court subject to condition that he shall appear before the trial Court on all the dates fixed by it during the pendency of trial. It is made clear that first of all he shall deposit the award amount along with interest before the Tribunal, Trial Court after verifying the same shall accept the bail bond and personal bond of applicant.

It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C. This order shall remain effective till the end of the trial. However, in case of bail jump and breach of any of the condition of bail, it shall become ineffective.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE mrs. mishra Signature Not Verified SAN Digitally signed by DEEPA MISHRA Date: 2022.06.28 10:41:00 IST