IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ANIL VERMA nd ON THE 2 OF MAY, 2023 MISC. CRIMINAL CASE No. 14494 of 2023 BETWEEN:-

SHIVAM RAGHUWANSHI S/O RAVI RAGHUVANSHI, AGED ABOUT 26 YEARS, OCCUPATION: STUDENT R/O 260, M JANTA QUARTER, STADIUM GROUND, INDORE (MADHYA PRADESH)

.....APPLICANT (BY SHRI RAJENDRA SHARMA - ADVOCATE)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION M.G. ROAD.

DISTRICT INDORE (MADHYA PRADESH)

.....RESPONDENT (SHRI KAPIL MAHANT - PANEL LAWYER FOR THE RESPONDENT/STATE;

SHRI RAJNISH YADAV AND SHRI MANISH GUPTA - ADVOCATES FOR OBJECTOR)

This application coming on for admission this day, the court passed the following:

ORDER

This is the first application filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail relating to Crime No.552/2022 registered at Police Station M.G.Road, District Indore (M.P.) for the offence under Sections 420, 416, 417, 419, 467, 468 and 471 of the Indian Penal Code, 1860. The applicant is in custody since 01/12/2022.

As per prosecution story, on 01/12/2022 advocate Ujjawal Phanse and Arpit Verma filed a complaint before the Police Station M.G.Road, Indore by Signature Not Verified Signed by: TEJPRAKASH stating that applicant Shivam Raghuwanshi is not an affidavit, but he used to wear Advocate Band and Black Coat and is appearing before the Court No.19, Indore as an advocate. He also preferred some forged documents and by impersonating himself as an advocate he has obtained fees from different persons and is misusing his position. Accordingly, offence has been registered against the applicant.

Learned counsel for the applicant submits that the applicant is an innocent person and he has been falsely implicated in this offence. He is in custody since 01/12/2022. Investigation is over and charge sheet has been filed. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Applicant is the permanent resident of Indore district and is the sole bread earner of his family. Final conclusion of the trial is likely to take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper.

Per contra, learned counsel for the respondent / State opposes the bail application and prays for its rejection.

Counsel appearing on behalf of the objectors namely Ujjawal Phanse, Gopal Kacholiya and Ghanshyam Gupta opposes the bail application by stating that applicant was impersonating himself as an advocate and was wearing Advocate Band and Black Coat. He also appeared before the JMFC (Shri Shashank Khare) while forging the signature of Advocate M.M.Mishra on the Memo of Appearance. Shri M.M. Mishra, advocate exposed the applicant before the JMFC. Applicant was carrying Adhivakta Kalyan Nidhi Stamps and Court Fees Stamps and was having details of several cases in his mobile phone. Offence is serious in nature. Applicant has scandalized the proceeding before Signature Not Verified Signed by: TEJPRAKASH the Court. He is a habitual offender. Two criminal antecedents have been found against him including the offence under Section 354 and 376 of IPC. Hence, the applicant does not deserve for bail.

Perused the impugned order of the trial Court as well as the case diary.

After considering all the facts and circumstances of the case, nature and gravity of offence, arguments advanced by the learned counsel for the applicant and also taking note of the fact that Advocate Band, Black Coat and Mobile Phone has been seized from the possession of the present applicant and during the investigation it has been found that applicant impersonating himself as an advocate appeared before the JFMC and forged the signature on several documents. Offence committed by the applicant is serious in nature, which effect the entire judicial system including the legal profession of advocacy.

Offence is