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Judgment
9 paragraphs · 375 wordsVivek Rusia, J
This is second application filed under Section 439 of Cr.P.C. by the applicant who is in custody since 25.04.2022 in connection with Crime No.8/2022, registered at Police Station Crime Branch, Indore for the offence punishable under Section 420, 467, 468 and 471/34 of IPC.
First bail application of the applicant was dismissed in view of order dated 08.07.2022 passed in M.Cr.C.
Learned counsel for the applicant submits that applicant has been implicated in the present case on the basis of memorandum under Section 27 of Indian Evidence Act of Prakash recorded on 03.03.2022 in which he has disclosed that he prepared the forge Rin Pustika of the land belonging to present applicant. He further submits that he never stood as surety in any of the criminal case. He was not aware that his land has been used for preparation of Rin Pustika and which same further has been used for obtaining the bail. The implication on the basis of memorandum under Section 27 of Indian Evidence Act is not sustainable in the eyes of law. It is not in dispute that he is not the owner of the land bearing Khasra No.353 area 510. Even forge Rin Pustika has been recovered from the possession of Prakash. No further custodial interrogation is required.
Learned Government Advocate opposes the bail application and prays for its rejection.
Heard.
On due consideration of the aforesaid submissions, mainly those advanced by the learned counsel for the applicant, without commenting upon the merits of the case, this bail application is allowed and it is directed that applicant-JAYRAM S/O AMBARAM shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousands Only) with solvent surety in the like amount to the satisfaction of the concerned Trial Court/Committal Court. It is made clear that after being so released, the applicant shall make himself available on each and every date when the case is put up for trail and shall not influence any of the witnesses.
It is also directed that the applicant shall abide by all the conditions enumerated under Section 437(3) of the Cr.P.C. A copy of this order be sent to the Court concerned for compliance.
C.C. as per rules.