Madhya Pradesh High Court
Jhhunnilal Valmiki (Paraoch) vs The State Of Madhya Pradesh on 23 August, 2022
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJAY DWIVEDI
ON THE 23rd OF AUGUST, 2022
MISC. CRIMINAL CASE No. 40036 of 2022
Between:-
JHHUNNILAL VALMIKI (PARAOCH) S/O LATE
JIYALAL, AGED ABOUT 74 YEARS,
OCCUPATION: FARMER BAJARIYA WARD NO. 1,
NEAR OF CHAMAN HOTAL DAMOH, DISTRICT-
DAMOH, (MADHYA PRADESH)
.....APPLICANT
(BY SHRI SOURABH SINGH THAKUR, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION DAMOH DEHAT DISTRICT-
DAMOH (MADHYA PRADESH)
.....RESPONDENT
(BY SHRI TAPAN BATHRE, PANEL LAWYER )
This application coming on for hearing this day, the court passed the
following:
ORDER
This first application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail in connection with Crime No.87/2010 registered at Police Station Damoh Dehat, District Damoh, for the offence punishable under Sections 420, 467, 409, 471, r/w. Section 34 of IPC. The applicant is in jail since 03.08.2022.
Learned counsel for the applicant submits that initially the present Signature Not Verified SAN applicant was not made accused, but only after arrest of the main accused Digitally signed by SATYA SAI RAO Date: 2022.08.24 10:51:49 IST namely Pritam Patel who was tried and acquitted by the trial Court in the alleged 2 crime, he has been made accused. As per the allegation made in the FIR, the main accused Pritam Patel, being an agent of Insurance Company submitted forged claim by submitting forged death certificates of the persons who, in fact were alive and the said certificates were prepared and issued by the present applicant at the relevant point of time when he was posted as Supervisor, Nagar Palika Nigam, Damoh. He submits that it was the main accused Pritam Patel who withdrew the amount and submitted the forged claim before the Insurance Company. He further submits that role of the present applicant was very limited and, therefore, he may be released on bail.
On the other hand, learned counsel for the respondent/State has opposed the prayer of bail and submitted that it was the present applicant who verified the applications, asking death certificates of the persons who were in fact alive and issued forged certificates in their names. He, therefore, submits that the present applicant is the main accused because on his instance, the claim was prepared and placed before the Insurance Company and, therefore, the bail application deserves to be dismissed. He further submits that the present applicant was absconding since long and, therefore, charge-sheet was not filed against him and only after his arrest, supplementary charge-sheet was filed.
Considering the fact that charge-sheet has already been filed so also the fact that the main accused Pritam Patel has been tried and acquitted by the trial Court, keeping the applicant behind the bars would be of no use, therefore, I am inclined to enlarge him on bail. Therefore, without commenting anything on the merits of the case, this application is allowed.
It is directed that the applicant be released on bail upon his furnishing a Signature Not Verified SAN personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one Digitally signed by SATYA SAI RAO Date: 2022.08.24 10:51:49 IST solvent surety of the like amount to the satisfaction of the trial Court concerned 3 for his appearance on the dates given by it.
It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.
Certified copy as per rules.
(SANJAY DWIVEDI) JUDGE rao Signature Not Verified SAN Digitally signed by SATYA SAI RAO Date: 2022.08.24 10:51:49 IST