IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA th ON THE 10 OF MAY, 2023 MISC. CRIMINAL CASE No. 17510 of 2023 BETWEEN:-

SACHIN RATHORE S/O HEM SINGH KALOTA, AGED ABOUT 27 YEARS, OCCUPATION: PRIVATE JOB R/O VILLAGE AMLAWATI P.S.BANK NOTE PRESS DISTT. DEWAS (MADHYA PRADESH)

.....APPLICANT (SHRI HARSHWARDHAN SHARMA, ADVOCATE FOR APPLICANT)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION BANK NOTE PRESS. DISTRICT DEWAS (MADHYA PRADESH) .....NON-APPLICANT/STATE (SHRI VIRAJ GODHA, ADVOCATE FOR STATE)

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

ORDER

Applicant – Sachin Rathore S/o Hem Singh Kalota has filed the second bail application under Section 439 of Code of Criminal Procedure, 1973 for grant of bail in connection with Crime No.989/2022 registered at Police-Station – Bank Note Press, Dewas, District – Dewas (MP) for the offence punishable under Section 420, 467, 468, 471, 201 of Indian Penal Code, 1860 and the applicant is behind the bars since 29.12.2022. the earlier bail application was dismissed as withdrawn with liberty to renew the prayer after the statement of seizure witnesses.

2. As per prosecution case, the applicant has used the pad of Sarpanch of Gram Panchayat, Nipaniya and issued forged certificates. It is stated that on the memorandum recorded under Section 27 of the Evidence Act, 1872, the seal of Sarpanch was seized from the possession of present applicant.

3. Counsel for the applicant submits that the statement of Sarpanch has been recorded and she has stated that one Sohan Singh was given the charge of Secretary and he used to issue certificates by taking fee and issue receipts. She has not alleged any allegation against the present applicant. It is submitted that the seizure witnesses have turned hostile. The applicant is behind the bars since 29.12.2022 and the conclusion of trial would take considerably long time. With these submissions, bail has been sought.

4. Per contra, counsel for the State was also heard who has opposed the prayer for grant of bail on the ground that the seal of Sarpanch has been used at the instance of applicant and character certificate was issued on the basis of the said seal, however the signature on the certificate has been sent for hand writing expert report which has yet not been received. Hence prays for rejection of the bail application.

5. After hearing learned counsel for the parties and taking into consideration the fact that Sarpanch has not made any allegation against the present applicant and the seizure witnesses have not supported the prosecution story and the fact that applicant is behind the bars since 29.12.2022, without commenting anything on the merits of the case, I deem it proper to allow the bail application. Hence the bail application is allowed.

6. The applicant – Sachin Rathore S/o Hem Singh Kalota is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand) with one solvent surety of like amount to the satisfaction of Trial Court for his regular appearance before the concerned trial Court and shall also remain present before the Court concerned on all such dates as may be fixed in this behalf by the Court concerned during the pendency of trial. It is also made clear that if the hand writing expert report comes against the applicant, then the prosecution may apply for cancellation of bail.

7. The applicant shall also abide by the conditions enumerated under Section 437(3) of Code of Criminal Procedure, 1973.

8. Miscellaneous Criminal Case stands allowed and is disposed of in above terms.

9. Let a copy of this order be sent to the Court concerned for compliance. Certified copy as per Rules.

(VIJAY KUMAR SHUKLA)

Arun/- J U D G E Digitally signed by ARUN NAIR Date: 2023.05.10 20:04:24 +05'30'