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 The earlier bail application was dismissed as withdrawn.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 recorded and she has stated that when her husband was in jail co-accused Akram came to her and assured for bail stating that eight lakh rupees are required. According to her the said amount was given to co-accused Akram and the gold articles were kept on mortgage.

The said documents were alleged to be forged by Akram and were filed by son of applicant Irfan.

5. Counsel for State submits that the applicant was released on parole and during that period he has conspired for forgery of the documents.

6. After hearing learned counsel for parties and taking into consideration the testimony of Smt. Anishabi wherein she had alleged that the amount was taken by co-accused Akram and he got forged documents which was filed by son of the applicant Irfan before the court. No allegation for committing forgery or cheating is alleged against the applicant. The applicant was in jail and there is no document regarding any conspiracy constituted by him. Therefore, without expressing any view on the merits of the case, the application is allowed.

7. 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 surety of the like amount to the satisfaction of the Ld. Court below on the condition that he shall not indulge in any offence during bail and if he indulges in any offence, the prosecution may file application for cancellation of bail. The applicant shall mark his presence before the concerned P.S. on every 15th of month during trial.

8. It is further made clear that if it is found that the applicant is involved in any other case during the trial, this bail order shall stand cancelled automatically without reference to the Court and the Police will be at liberty to arrest the applicant.

9. 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.

(VIJAY KUMAR SHUKLA) JUDGE VM