PRADEEP SHARMA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) These bail applications having arisen out of same FIR and involving same set of legal and factual issues are taken up together for disposal. The accused/applicants seek regular bail in case FIR No.35/2024 of PS Chandni Mahal for offence under Sec. 420/467/468/471/120B IPC. I have heard both learned counsel for accused/applicants. I have also heard learned APP for State assisted by IO/SI Narender Singh and learned counsel for complainant de facto.

(2.) Broadly speaking, the prosecution case is as follows.

(3.) Against the above backdrop, both learned counsel for accused/applicants contend that they have been falsely implicated in this case insofar as the offence of forgery, if at all committed, the same was committed by their father who has already passed away. It is contended by both learned counsel for accused/applicants that till date no civil court has declared the Will in question as a forged Will and that the same cannot be a subject matter of criminal proceedings unless a civil court gives a declaration that the said Will is a forged one. It is also contended that till date the complainant de facto has not initiated any proceedings to get the Will in his favour probated. In the course of arguments, learned counsel for accused/applicant Pradeep Sharma submitted that the accused/applicant is not aware if the complainant de facto is nephew of Pandit Shiv Ram Sharma and further contended that the complainant de facto has no locus standi to lodge any complaint in this case. It is contended that both accused/applicants have clean antecedents and they surrendered soon after their anticipatory bail applications were dismissed by this court. Since chargesheet has already been filed, according to both learned counsel for accused/applicants, no purpose would be served by keeping them in jail. It is also submitted by learned counsel for accused/applicants that the death certificate of Pandit Shiv Ram Sharma referred to in the investigation is not registered before the Ballabhgarh Authority, so it cannot be said that he has passed away.