ORDER

This is second application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.328/2022 registered at Police Station Tukoganj, Indore (M.P.) under Sections 420, 467, 468, 471, 474, 181 of IPC.

2. The earlier bail application was dismissed as withdrawn.

3. The case of the prosecution is that the applicant is convicted u/S.8(C)/20(ii)(C) of the NDPS Act and has been sentenced to undergo 10 years RI with fine of Rs.1,00,000/- with default stipulation by judgment and order of sentence dated 19.7.2022 passed by Special Judge, NDPS Act, Dhar in SC NDPS No.06/2019. An application for grant of temporary suspension of sentence was filed in the said Criminal Appeal by his son Irfan. On verification, the aforesaid documents were found fraudulent and the present case has been registered against the applicant and other co-accused persons alleging that they have conspired to prepare false medical papers to get temporary suspension of sentence.

4. Counsel for applicant submits that the applicant was in jail in the said criminal case when the medical papers are alleged to be forged. The statement of Anishabi wife of the applicant has been r