Madhya Pradesh High Court
Shafaqat vs The State Of Madhya Pradesh on 6 March, 2017
MCRC-1911-2017
(SHAFAQAT Vs THE STATE OF MADHYA PRADESH)
06-03-2017
Shri Vismit Panot, learned counsel for the applicant.
Shri C.S. Ujjainia, learned counsel for the
respondent/State.
Case diary is available.
Arguments heard.
This is first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail. The present applicant was arrested by Crime Branch, District â Indore in Crime No.21/2016 under Sections 420, 467, 468, 471 and 120B of IPC.
According to the prosecution story, it is alleged that the present applicant helped the main accused in preparation of forged Order of Hon'ble Apex Court. According to memorandum of the co-accused, applicant typed the forged order in a Computer Center belonging to the co-accused Naushal Khan, who was granted bail by this Court in M.Cr.C. No.1371/2017 by order dated 08.02.2017.
Learned counsel for the applicant submits that case of the present applicant is similar to that of Naushad Khan against whom the allegations were that he prepared the proforma of degree purported to have been issued by IIT, Mumbai and which was found forged. He also submits that the applicant received only sum of Rs.300/- for doing this job and according to him, there was no intention and knowledge on his part that he was making a forged Order of Hon'ble Apex Court.
Learned counsel for the State opposes the application on the ground that it is a serious offence and Order of the Hon'ble Apex Court was forged and misused in this case.
Taking all the facts and circumstances into consideration and without commenting on merit of the case, I am of the view that it is a fit case for grant of bail. 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 his furnishing a personal bond of Rs.50,000-/ (Rs. Fifty Thousand Only) and one solvent surety of the like amount to the satisfaction of the concerned Magistrate for his appearance on all the dates of hearing as may be directed in this regard during trial. He is further directed that on being so released on bail, he would comply with the conditions enumerated under section 437(3) Cr.P.C. meticulously. Certified copy as per rules.
(ALOK VERMA) JUDGE