Aatma Ram Pandey vs The State Of Madhya Pradesh on 17 March, 2023

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Madhya Pradesh High Court

Aatma Ram Pandey vs The State Of Madhya Pradesh on 17 March, 2023

Bench: Subodh Abhyankar

                                                             1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                               ON THE 17 th OF MARCH, 2023
                                         MISC. CRIMINAL CASE No. 11384 of 2023

                          BETWEEN:-
                          AATMA RAM PANDEY S/O SHIV SHANKAR PRASAD
                          PANDEY, AGED ABOUT 62 YEARS, OCCUPATION:
                          BUSINESS R/O 411 , BADLA GOYA, KHAJRANA, INDORE
                          (MADHYA PRADESH)

                                                                                           .....APPLICANT
                          (SHRI VIBHOR KHANDELWAL,ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH STATION HOUSE
                          OFFICER THROUGH POLICE STATION M.I.G. INDORE
                          (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          ( SHRI AJAY RAJ GUPTA, PANEL LAWYER APPEARING ON BEHALF OF
                          ADVOCATE GENERAL.
                          SHRI SUBODH CHOUDHARY, LEARNED COUNSEL FOR THE
                          RESPONDENT [OBJ].

                                This application coming on for admission this day, the court passed the

                          following:
                                                              ORDER

They are heard. Perused the case diary / challan papers. This is the applicant's first bail application under Section 439 of Criminal Procedure Code, 1973. He is implicated in connection with Crime No.117/2023 registered at Police Station-M.I.G., District- Indore (MP) for offence punishable under Sections 420, 467, 468, 471 and 120-B of the I.P.C. The applicant is in custody since 21.2.2023.

The allegation against the applicant is of forgery.

Signature Not Verified Signed by: MONI RAJU Signing time: 3/17/2023 6:22:10 PM 2

Counsel for the applicant has submitted that the investigation is almost complete and the applicant is lodged in jail since 21.2.2023. It is further submitted that the dispute was between the land owner Mrs. Leena Sarode and the other co-accused persons Usman Patel and Shahrukh Patel; whereas against the present applicant it is alleged that his signatory of the agreement as witness only in the agreement between Mrs. Leena Sarode and the other co-accused persons. It is further submitted that the matter has been compromised out of the court between the main accused and Mrs. Leena Sarode and a sum of Rs.10 Lakhs has also been given to her in addition to a cheque of Rs.7 Lakhs. It is further submitted that no other criminal case has been registered against the applicant and the final conclusion of the trial is likely to take sufficiently long time. Thus, it is prayed that the bail application be allowed.

Counsel appearing for the objector-Mrs. Leena Sarode has submitted that he has no objection if the bail application is allowed.

Counsel for the respondent / State, on the other hand, has opposed the prayer.

O n due consideration of submissions and on perusal of the case diary, considering the allegations levelled against the applicant as also considering the fact that the matter has already been compromised between the parties, this Court finds it expedient to allow the present application. Accordingly, without adverting to the merits of the case, the application filed by the applicant is hereby allowed.

T h e applicant is directed to be released on bail upon furnishing a personal bond in the in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Signature Not Verified Signed by: MONI RAJU Signing time: 3/17/2023 6:22:10 PM 3 Court for his/her regular appearance before the trial Court during trial with a condition that he / she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437(3) Criminal Procedure Code, 1973.

Certified copy, as per rules.

(SUBODH ABHYANKAR) JUDGE moni Signature Not Verified Signed by: MONI RAJU Signing time: 3/17/2023 6:22:10 PM

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