Madhya Pradesh High Court
Divyaman Singh Vaidya vs The State Of Madhya Pradesh on 26 September, 2014
M.Cr.C. No. 13046/2014 26.9.2014
Shri Sharad Verma, Advocate for the applicant. Shri Amit Pandey, Panel Lawyer for the State. This is the first application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail.
The applicant is in custody since 7.8.2014 in connection with Crime No. 275/2014 registered at P.S. Gohalpur, District Jabalpur for the offence punishable under Section 420 of the IPC.
This case has arisen out of a private complaint filed by the complainant wherein an application under Section 156(3) was filed and the Court has directed P.S. Gohalpur to register a crime and investigage the matter.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. The complainant was the Advocate of the applicant in the matrimonial case wherein he took number of signatures in various papers and thereafter he misused the same and prepared forged documents in the form of agreement to sale. It is further submitted that the applicant is alleged to have issued some cheques, which have dishonoured but the complainant did not file any case under Section 138 of the Negotiable Instrument Act. The applicant is in custody and trial would take considerable time to conclude, therefore, he be released on bail.
Learned counsel for State has opposed the application. On due consideration of the contentions raised by the learned counsel for the parties and overall facts and circumstances of the case, I am of the considered view that it is a fit case to release the applicant on bail, therefore, without expressing any view on the merits of the case, this application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in a sum of `35,000/- (Rupees Thirty Five Thousand only) with one surety in the like amount to the satisfaction of the committal Court/trial Court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.
Certified copy as per rules.
(G.S.Solanki) Judge PB