JAYRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is second application filed under Sec. 439 of Cr.P.C. by the applicant who is in custody since 25/4/2022 in connection with Crime No.8/2022, registered at Police Station Crime Branch, Indore for the offence punishable under Sec. 420, 467, 468 and 471/34 of IPC.

(2.) First bail application of the applicant was dismissed in view of order dtd. 8/7/2022 passed in M.Cr.C.

(3.) Learned counsel for the applicant submits that applicant has been implicated in the present case on the basis of memorandum under Sec. 27 of Indian Evidence Act of Prakash recorded on 3/3/2022 in which he has disclosed that he prepared the forge Rin Pustika of the land belonging to present applicant. He further submits that he never stood as surety in any of the criminal case. He was not aware that his land has been used for preparation of Rin Pustika and which same further has been used for obtaining the bail. The implication on the basis of memorandum under Sec. 27 of Indian Evidence Act is not sustainable in the eyes of law. It is not in dispute that he is not the owner of the land bearing Khasra No.353 area 510. Even forge Rin Pustika has been recovered from the possession of Prakash. No further custodial interrogation is required.