LAWS(MPH)-2022-10-54

AMRATLAL Vs. STATE OF MADHYA PRADESH

Decided On October 28, 2022
AMRATLAL Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is first bail application under Sec. 439 of Cr.P.C in connection with crime No.71/2022 registered at police station-Banganga, District-Indore under Ss. 420, 467, 468, 471, 120(B) of IPC.

(2.) It is alleged that the applicant had issued forged Patta of Government land. Counsel for the applicant submits that the applicant was neither Sarpanch nor Secretary of the Gram Panchayat. He had not signed on the alleged Patta. The applicant is in jail since 12/07/2022. The investigation has been completed, the chargesheet has been filed and no further custodial interrogation is required. Counsel for the State opposes the prayer for grant of bail on the ground that the complainant has made allegation against the present applicant that he had issued Patta in his favour.

(3.) After hearing learned counsel for the parties, I am of the view that prima facie case for grant of bail is made out as there is no handwriting expert report by the prosecution to prove that the applicant had signed the lease deed. Apart from that the applicant was neither Sarpanch nor Secretary of the Gram Panchayat. Except the statement of the complainant, there is no material to connect the present applicant with the commission of the offence. The investigation has been completed, the chargesheet has been filed and no further custodial interrogation is required.