Madhya Pradesh High Court
Sandeep Kumar vs The State Of Madhya Pradesh on 28 April, 2016
M.Cr.C. No. 3454 Of 2016
28.04.2016
Shri Hidayatullah Khan, learned counsel for the
applicant.
Shri Bhuwan Deshmukh, learned GA for the
respondent/State.
This is first application under Section 439 of Cr.P.C. The applicant has been arrested in Crime No.688/2015 registered at Police Station, Chandan Nagar, District Indore, for the offence punishable under Sections 420, 467, 468, 471, 177 & 120-B of the IPC.
As per prosecution case, in Crime No.339/15, Prem Kumar Sindhi was arrested, he claimed himself to be of juvenile and submitted a photostat copy of marksheet, wherein his date of birth has been mentioned as 15/11/98. On the basis of the aforesaid, he was released on bail. When the enquiry was conducted regarding marksheet on the direction of the Juvenile Justice Board, it was found that the same was forged. Prem Kumar Sindhi disclosed that this marksheet has been prepared by Pawan Sindhi with the help of Hemant Maratha. During investigation, it was found that it was designed in the computer of Hemant Maratha and Sandeep Naidu has mentioned the name and address. Thus, Prem Kumar Sindhi, Pawan Sindhi Hemant Maratha and Sandeep Naidu have made the forged marksheet.
It is submitted by learned counsel for the applicant that applicant has not committed any offence. He has falsely been implicated. He is not named in the FIR. Co-accused Hemant and Pawan have already been enlarged on bail by the trial Court. Applicant is under custody since 08/02/16. Charge-sheet has been filed. Conclusion of trial likely to take time, hence prayed for bail.
The prayer is opposed by learned GA for the respondent/State.
Case-dairy perused.
Considering the allegation against the applicant and the fact that charge-sheet has been filed, applicant is under custody since 08/02/16, but without commenting anything on the merits of the case, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Trial Court.
This order will remain operative subject to compliance of the following conditions by the applicant :-
The applicant will comply with all the terms and conditions of the bond executed by them;
The applicant will cooperate in the investigation/trial, as the case may be;
The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
The applicant shall not commit an offence similar to the offence of which he is accused;
The applicant will not seek unnecessary adjournments during the trial; and The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(D.K.Paliwal) Judge sk