Madhya Pradesh High Court
Ravi Patel vs The State Of Madhya Pradesh on 6 December, 2022
Author: Virender Singh
Bench: Virender Singh
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIRENDER SINGH
ON THE 6 th OF DECEMBER, 2022
MISC. CRIMINAL CASE No. 55147 of 2022
BETWEEN:-
RAVI PATEL S/O DWARKA PATEL, AGED ABOUT 28
YEARS, OCCUPATION: PRIVATE JOB POST KEOLARI P.S.
PATHARIYA DISTRICT DAMOH (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ASEEM DIXIT, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH P.S. STF
BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI GOPAL JAISWAL, PANEL LAWYER)
This application coming on for Admission this day, the court passed the
following:
ORDER
This is the third bail petition under Section 439 Cr.P.C for grant of bail in connection with Crime No. 21/2021, registered at Police Station STF District Bhopal (M.P.) for the offence under Sections 420, 471, 468, 467 read with 34 of IPC and Section 24 of the M.P. Ayurvigyan Parishad Adhiniyam, 1987. The petitioner is in custody since 30.6.2022. His first application was dismissed vide order dated 9.3.2022 passed in MCrC No.49216/2021 as not maintainable whereas the second application was dismissed vide order dated 7th May, 2022 passed in MCrC No. 16557/2022 as withdrawn.
2. This time the petitioner has approached this Court after the bail has been Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 12/7/2022 10:43:55 AM 2 granted to the co-accused Narendra Thakur by the Hon'ble Supreme Court vide order dated 14.11.2022 passed in Petition for Special Leave to Appeal (Crl.) No. 8938/2022. The substantial part of the order of Hon'ble Supreme Court reads thus:-
"Keeping in view the period of incarceration suffered by the appellant, the fact that only one witness has been examined, and that the trial may take time, we are inclined to accept the present appeal and direct that the appellant be granted bail during pendency of the trial, on terms and conditions to be fixed by the trial court. The appellant will cooperate and not take adjournments during the course of the trial."
3. According to the prosecution case, during investigation of Crime No. 15/2021 under Sections 421, 188/34 I.P.C and 3/7 of Essential Commodities Act, 1955, Section 3 of Epidemic Diseases Act, 1897 and Section 5/13 of Drugs Control Act,1949, the Police of Police Station, S.T.F, Bhopal interrogated co-accused Neeraj Sahu along with Jitendra Singh and Rakesh Malavi, who were working in the Life Medicity Hospital. The Police also seized their file from H.R. Manager of Life Medicity Hospital, Pramod Shrivastava. A degree and the mark-sheet of B.A.M.S., Registration Certificate and Self Certified Copies of 10th and 12th Mark-sheets were found in the file of Neeraj Sahu. On verification it was found that the degree and mark-sheet of B.A.M.S. were fake and the petitioner never studied in BAMS. On interrogation Neeraj Sahu admitted that he never studied in BAMS, instead he only qualified BMLT Exam in the year 2019. It was also found that using these fake mark-sheets and degree as genuine the petitioner obtained job and worked as a doctor in Life Medicity Hospital and Ashish Hospital. Therefore, he was taken into custody.
4. On interrogation Neeraj revealed that he obtained those forged mark-sheet Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 12/7/2022 10:43:55 AM 3 and degree from co-accused Narendra Thakur. Narendra Thakur was also taken into custody and interrogated who revealed that he had procured those mark-sheet and degree from petitioner (Ravi Patel). The police seized laptop, printer and Mobile from possession of the petitioner.
5. Learned Public Prosecutor fairly admitted that there is nothing in the case diary to show that any data has been retrieved from these devises to support the allegation of co-accused that it was the petitioner who forged and fabricated the mark-sheet or prepared them using these devices.
6. Learned Public Prosecutor further admitted that except the memorandum statement of co-accused Neeraj Sahu or Narendra Thakur there is nothing on record to show that the petitioner was involved in creating, preparing or fabricating forged mark-sheets or degrees.
7. Narendra Thakur has been granted bail by the Hon'ble Supreme Court.
8. The case of the petitioner is on the same footings. Ttherefore, in the view of this Court the petitioner is also entitled for the same relief which has been granted by the Hon'ble Supreme Court to the co-accused Narendra Thakur. Therefore, while allowing the present petition, I direct that the petitioner be granted bail during pendency of the trial, on terms and conditions to be fixed by the trial court. The petitioner will cooperate and not take adjournments during the course of the trial.
9. Consequently, the petition is allowed.
(VIRENDER SINGH) JUDGE vivek Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 12/7/2022 10:43:55 AM