Mahesh Gupta vs State Of Madhya Pradesh

Prakash Chandra Gupta, J

Heard with the aid of case diary.

This is first application filed under Section 439 of Cr.P.C. for grant of bail to the applicant/accused, relating to FIR/Crime No.66/2024 dated (not mentioned) registered at Police Station, MIG, Indore, District Indore (M.P.) for commission of offence punishable under Sections 420, 467, 468, 471, 120B of IPC.

2 . Prosecution story, in brief, is that the complainant Ravindra Gupta, Omprakash Gupta, Late Shivcharan Gupta, Jagdishprasad Gupta, Mahendra Gupta and present applicant Mahesh are real brothers and Smt. Chandrakanta Garg, Ku. Hemlata Gupta and Ku. Rekha Gupta are their real sisters. Shivcharan Gupta and his wife Smt. Rajeshwari Gupta had died on 18.01.2015 and 22.05.2021 respectively. It is alleged that on 26.12.2014, the applicant prepared a forged will of deceased Shivcharan to grab his property and he put false signatures of Shivcharan and witnesses. The complainant filed a complaint alongwith application under Section 156(3) of Cr.P.C. Thereafter, as directed by Judicial Magistrate First Class, Indore in exercising of power under Section 156(3) of Cr.P.C. On 10.02.2024, an FIR was lodged against the applicant.

Learned counsel for the applicant/accused submits that the applicant has not committed the offence and has falsely been implicated in the case. It is submitted that applicant is not a beneficiary of the aforesaid will, but beneficiary was only wife of deceased Shivcharan. It is also submitted that the case is of civil nature and criminal color has been given by the complainant party. It is submitted that applicant is an old person aged 72 years. It is also submitted that he has filed a certificate dated 5.5.2024 issued from Suyash Hospital Pvt.Ltd., Indore, which reveals that during custody the applicant was unconscious on 3.5.2024 and he is still under treatment and he is admitted in ICU. It is submitted that the applicant is in custody since 3.5.2024. The matter is under investigation. Conclusion of trial will take considerable long time for its disposal, therefore, it is prayed that the applicant be released on bail.

On the other hand, learned counsel for the non-applicant/State has opposed the prayer and prayed for its rejection.

Learned counsel for the complainants pleaded that the complainants have no objection if the applicant is granted bail.

Having considered the rival submissions and after perusal of the case diary so also looking to the facts and circumstances of the case and considering the age and illness of the applicant, this Court is of the view that applicant deserves to be enlarged on bail, hence, without commenting on the merits of the case, the application is allowed.

It is directed that applicant - Mahesh Gupta shall be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of like amount to the satisfaction of the concerned Court, for his appearance before the concerned Court regularly on all such dates as may be fixed in this regard during trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr.P.C.

This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.

With the aforesaid, this application is allowed and stands disposed of. Certified copy, as per Rules.