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Judgment
8 paragraphs · 409 wordsVijay Kumar Shukla, J
This is first bail application under Section 439 of Cr.P.C in connection with crime No.71/2022 registered at police station-Banganga, District-Indore under Sections 420, 467, 468, 471, 120(B) of IPC.
It is alleged that the applicant had issued forged Patta of Government land. Counsel for the applicant submits that the applicant was neither Sarpanch nor Secretary of the Gram Panchayat. He had not signed on the alleged Patta. The applicant is in jail since 12/07/2022. The investigation has been completed, the chargesheet has been filed and no further custodial interrogation is required. Counsel for the State opposes the prayer for grant of bail on the ground that the complainant has made allegation against the present applicant that he had issued Patta in his favour.
After hearing learned counsel for the parties, I am of the view that prima facie case for grant of bail is made out as there is no handwriting expert report by the prosecution to prove that the applicant had signed the lease deed. Apart from that the applicant was neither Sarpanch nor Secretary of the Gram Panchayat. Except the statement of the complainant, there is no material to connect the present applicant with the commission of the offence. The investigation has been completed, the chargesheet has been filed and no further custodial interrogation is required.
It is directed that applicant shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees fifty thousand Only) with one local surety of the like amount to the satisfaction of the Ld. Court below.
The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU "W.P. (C) No.1/2020" and ensure that the applicant is examined by the jail doctor before his release. If the applicant shows symptoms of COVID-19, the doctor shall forthwith direct him to be produced before the appropriate hospital designated for the detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.
A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld.
Court below.