Madhya Pradesh High Court
Mukesh @ Mahesh vs The State Of Madhya Pradesh on 28 September, 2015
-: 1 :-
Misc. Criminal Case No.8319 of 2015
28.09.2015 :-
Shri Ashish Gupta, learned counsel for the applicant.
Shri Bhuwan Deshmukh, learned Govt. Advocate for
the non-applicant/State.
Heard with the aid of the case-diary.
O R D E R
THIS is first application under Section 438 of the Code of Criminal Procedure. The applicant is seeking anticipatory bail in connection with Crime No.433/2013 for the offences punishable under Sections 420, 467, 468, 471 and 34 of IPC registered at Police Station Rajpur, District Barwani.
As per the prosecution case on the basis of forged documents i.e. Bhu-Adhikar-Rin-Pustika and revenue records Mohan, Sevaram, Bhavsingh and Dariyab Singh have procured some loan from State Bank of India, Branch Julvaniya, District Barwani. During investigation, it -: 2 :- disclosed that these forged documents were prepared by the present applicant - Mukesh @ Mahesh and co-accused Pankaj and Kashiram.
Learned counsel for the applicant submits that the applicant is a young person and permanent resident of District Barwani. He is a businessman. He has been falsely implicated in this case. His father Kashiram has already been granted regular bench. The applicant is ready to co-operate with the investigation. In such circumstances, the applicant may be granted anticipatory bail.
On the other hand, learned Govt. Advocate for the non-applicant/State opposes the prayer and prays for dismissal of the application.
Having considered the submissions made on behalf of the parties, I am of the view that the applicant has made out a case for granting anticipatory bail. Accordingly, the application is allowed. It is directed that in the event of his -: 3 :- arrest in the aforesaid crime, he be released on anticipatory bail on depositing Rs.25,000-00 [Twenty Five Thousand Rupees] as security in the Trial Court and upon furnishing a personal bond in the sum of Rs.50,000.00 [Fifty Thousand Rupees] with one local solvent surety in the like amount to the satisfaction of the arresting officer for his appearance in investigation as and when directed and required and shall remain available for giving specimen signatures. Facility of this bail shall remain available to the applicant during trial with the condition that in case the final report is filed, the applicant shall furnish fresh bail- bond as per this order. Applicant shall ensure that he would not commit any such offence during currency of bail and rest of the conditions stipulated under Section 438 (2) of the Code of Criminal Procedure shall be binding on him.
It is made clear that if the applicant will breach any of the condition, then this order shall automatically stand -: 4 :- cancelled without reference to this Court and the concerning Court shall be free to take appropriate action to secure the presence of the applicant.
Certified copy as per rules.
[ Jarat Kumar Jain ] JUDGE (AKS)