Ramchandra Chouhan vs State Of Madhya Pradesh

Subodh Abhyankar, J

They are heard. Perused the case diary/challan papers.

This is the first bail application filed by the applicant under Section 439 of Criminal Procedure Code, 1973, as he / she is implicated in connection with Crime No.97/2023 registered at Police Station Maxi, District Shajapur (MP) for offence punishable under Section 420, 466, 467 and 468 of Indian Penal Code, 1860. The applicant is in custody since 12/06/2023.

The allegation against the applicant is that he was also involved in the aforesaid case in which it is alleged that he, while posting in the capacity of Secretary, Gram Panchayat, Titodi has transferred the land on the basis of forged Patta despite having any authority to do the same.

Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the case which can be demonstrated from the fact that the applicant was not posted on the said post when the alleged Patta is said to have been prepared in the year 2018. Counsel has also submitted that certain interpolations in the said Patta have been made by the complainant himself only to falsely implicate him. It is also submitted that the applicant is lodged in jail since 12/06/2023 and final conclusion of trial is likely to take sufficient long time. Hence, it is prayed that the applicant be allowed and the applicant be released on bail.

Learned counsel for the respondent/State, on the other hand, has opposed the prayer and it is submitted that no case for grant of bail is made out.

Heard learned counsel for the parties and perused the case diary.

On due consideration of rival submissions and on perusal of the case diary and the material available on record, it is found that the allegation against the applicant is that he has issued the Patta on 01/01/2018 in favour of the complainant despite he was not appointed on that time on the said post of Secretary of Gram Panchayat where he was appointed on 24/09/2019. In the considered opinion of this Court, under the facts and circumstances of the case, no case for grant of bail is made out at this stage.

M.Cr.C. is accordingly dismissed. However, the applicant can renew his prayer after the handwriting expert's report is received.