IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA ON THE 18^th OF NOVEMBER, 2022 MISC. CRIMINAL CASE No. 40408 of 2022 BETWEEN:-

NAVEEN KHARE @ BUNTY S/O AMARCHAND KHARE, AGED ABOUT 41 YEARS, OCCUPATION: SERVICE, R/O 41, ASHOK NAGAR BHANWAR KUWA DISTRICT INDORE (MADHYA PRADESH)

.....APPLICANT (SHRI VINAY SARAF SENIOR ADVOCATE ALONGWITH RIZWAN KHAN, LEARNED COUNSEL FOR THE APPLICANT) .

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION CRIME BRANCH INDORE (MADHYA PRADESH)

.....RESPONDENTS ( SHRI ANAND SONI, ADDITIONAL ADVOCATE GENERAL FOR THE RESPONDENT/STATE)

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

O R D E R This is First application filed under Section 439 of Cr.P.C. by the applicant who is in custody since 17.05.2022 in connection with Crime No.8/2022, registered at Police Station Crime Branch, Indore for the offence punishable under Section 420, 467, 468, 471 and Section 34 of IPC.

The sole allegation against the applicant is that he stood as surety for the release of Neetu W/o Akash on bail in crime No.283/2020 by submitting his forged Rin Pustika issued for the land bearing survey No.18/1. In support of bail application, photocopy of Rin Pustika as well as certified copy of Khasra Panchsala issued by Lok Sewa Kendra are filed to show that he is owner of land survey No.18/1 not survey no. 18/2 which is government land.

Learned Senior counsel for the applicant submits that original Rin Pustika is with the bank as this applicant took the loan from Central Bank of India, Mhow Branch. In column 12 also there is entry that he has taken a bail on this Rin Pustika.

Shri Soni, Additional A.G. appearing on behalf of respondent/State that this Rin Pustika is forge document. Applicant has furnished a bail for land bearing survey No.18/2 which is government land, therefore he is not entitled for bail.

Heard.

The Khasra Panchshala shows that the applicant is owner of land survey No.18/1 and which has been mortgaged with the Central Bank of India and also the bail has been obtained. In photocopy of Rin Pustika there is correction of Khasra No.18/2 to 18/1. In this case I.O. has not tried to recover the alleged forged Rin Pustika. He did not ask to applicant to produce the Rin Pustika, when khasra entries shows, he surrendered the Rin pustika to Central Bank, then I.O. should have verified to it from the bank. According to Tehsildar, as stated in letter dated 27.09.2022, no duplicate Rin Pustika has been issued from his office for this land bearing survey No.18/1. It is not a case of applicant or prosecution that duplicate Rin Pustika has been produced. Except this, no other criminal case has been found in which applicant stood as surety or guarantor for getting the bail. Investigation is complete, charge-sheet has been filed. The applicant is owner of the land bearing survey No.18/1 is not in dispute.

Heard.

On due consideration of the aforesaid submissions, mainly those advanced by the learned counsel for the applicant, without commenting upon the merits of the case, this bail application is allowed and it is directed that applicant- NAVEEN KHARE @ BUNTY S/O AMARCHAND KHARE shall be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousands Only) with solvent surety in the like amount to the satisfaction of the concerned Trial Court/Committal Court. It is made clear that after being so released, the applicant shall make himself available on each and every date when the case is put up for trail and shall not influence any of the witnesses. As on today, only one case is found in which this applicant stood as surety. In future it is found that he has appeared as surety in other criminal cases also, this court may consider to cancel his bail.

It is also directed that the applicant shall abide by all the conditions enumerated under Section 437(3) of the Cr.P.C. A copy of this order be sent to the Court concerne