Madhya Pradesh High Court
Ashok Sharma vs The State Of Madhya Pradesh on 5 May, 2021
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH 1
MCRC 21913/2021
Ashok Sharma vs. State of MP
Heard through Video Conferencing
Gwalior, Dated : 05/05/2021
Shri Sankalp Sharma, Counsel for the applicant.
Shri Rajeev Upadhyay, Counsel for the respondent/ State.
Case Diary is available.
This Third Application under Section 439 of CrPC has been filed for grant of bail. First application was dismissed as withdrawn by order dated 08/02/2021 passed in MCRC 6977/2021. Second application was dismissed on merits by order dated 24/02/2021 passed in MCRC 16169 of 2021.
The applicant has been arrested on 22/01/2021 in connection with Crime No.148/2016 registered at Police Station Thatipur, District Gwalior for offence under Sections 420, 467, 468 and 471 of IPC.
It is submitted by the Counsel for the applicant that although the second application of the applicant has already been dismissed on merits by a detailed order but the report of the handwriting expert has been received from which it is clear that the manipulation in the document is not in the handwriting of the applicant.
Per contra, it is submitted by the Counsel for the State that it is a case of filing of manipulated document in the High Court and it is not the case of the prosecution that the document was manipulated while it was in custodia legis. It is submitted that merely because the manipulation is not in the handwriting of the applicant would not be of THE HIGH COURT OF MADHYA PRADESH 2 MCRC 21913/2021 Ashok Sharma vs. State of MP much assistance to the applicant, because at the time of filing of the document, the applicant was well-aware of the fact that the document has already been manipulated.
In reply, it is submitted by the Counsel for the applicant that the third bail application may also be considered on merits.
Heard the learned Counsel for the parties. The second bail application has already been dismissed by a detailed order dated 24/03/2021 passed in MCRC 16169/2021. Therefore, this third bail application can be considered only on the basis of changed circumstances and there is no need to re-iterate the arguments advanced by the Counsel for the applicant at the time of hearing of second bail application and the reasons for the rejection of the same.
It is submitted by the Counsel for the applicant that the report of the Handwriting Expert has been received according to which, it is clear that the manipulated portion of the document is not in the handwriting of the applicant.
The allegation against the applicant is that he had filed a manipulated and forged document before the High Court in order to obtain an order against other persons for registration of FIR. Whether the manipulated portion of the document is in the handwriting of the applicant or not, is not of much consequence because it is not the case of prosecution that the document was manipulated while it was in the custodia legis. The case of the prosecution is that the manipulated THE HIGH COURT OF MADHYA PRADESH 3 MCRC 21913/2021 Ashok Sharma vs. State of MP document was filed by the applicant. Thus, is it clear that at the time of filing petition (MCRC No.9340/2015), the applicant was already aware of the fact that the document is a manipulated one and in spite of that, the same was filed in order to obtain an order for registration of FIR against some persons. Thus, it is a clear case of playing fraud on the Court.
It is well-established principle of law that one who approaches the Court, must come with clean hands.
The second bail application of the applicant has already been dismissed on merits by a detailed order.
As no change in the circumstances could be pointed out by the Counsel for the applicant, accordingly, the application fails and is hereby dismissed.
(G.S.Ahluwalia) Judge MKB MAHENDRA KUMAR BARIK 2021.05.07 14:55:22 +05'30'