SUNDERLAL CHATURVEDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With the consent of learned counsel for the parties, heard finally. Applicant has invoked extraordinary jurisdiction of this court under Section 482 of the Code of Criminal Procedure being aggrieved by order dated 17.07.2013, passed by First Additional Sessions Judge, Chhatarpur by which Crime No. 321/2013 for the offences punishable under Sections 205, 467, 419 and 420 of the I.P.C. has been registered against this applicant Suderlal Chaturvedi and other co-accused persons.

(2.) Facts in short giving rise to this petition are that Khiladi alias Ramkhilawan, S/o Sunwa Prajapati, Chunnilal alias Sanjeev son of Baldeo Basore and Ashok Garg son of Biharilal Garg were prosecuted in respect of the offence punishable under Sections 339 and 402 of the I.P.C. and also under Section 25 and 27 of the Arms Act, 1959. The investigating agency after completing necessary investigation and all other formalities filed challan/chargesheet before the competent court of jurisdiction against the aforesaid accused persons, which in turn, committed the matter to the Court of Sessions and now the matter is pending for adjudication before the Court of Sessions vide Sessions Trial No. 300/12. Accused persons namely, Khiladi alias Ramkhilawan and Ashok Garg have been directed to be released on bail on furnishing two sureties. One person, namely Baldu Pal, son of Ramnath Gadariya, aged about 38 years, R/o Bachhoun, District Chhatarpur, stood as a surety for accused Khiladi @ Ramkhilawan, Chunnilal @ Sajeev and Asho, Garg, all residents of District Panna. Against these accused persons, S.T. No. 300/12 (State of M.P. Vs. Khiladi @ Ramkhilawan and others) is pending for adjudication in the court of First Additional Sessions Judge, Chhatarpur.

(3.) The bail was furnished in the Court of Shri Pradeep Dubey, Judicial Magistrate First Class, Chhatarpur. Accused Khiladi @ Ramkhilawan jumped bail and he is absconding, owning to which notices were issued to surety Baldoo Pal on 17.07.2013. Surety Baldoo Pal appeared before the Court of First Additional Sessions Judge where his statement was recorded. Statement of Baldoo Pal so recorded on that date, bail papers furnished thereto before Judicial Magistrate First Class on 22.06.20102, were perused by the First Additional Sessions Judge. It was revealed that someone, who stood as surety impersonated himself as Baldoo Pal and his passport size photograph is also affixed therein in the affidavit, who was identified by the present petitioner, who is a practicing lawyer.