LAWS(MPH)-2023-2-37

JAGDISH Vs. STATE OF MADHYA PRADESH

Decided On February 01, 2023
JAGDISH Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is second application filed under Ses. 439 of Cr.P.C. by the applicant who is in custody since 25/4/2022 in connection with Crime No.08/2022, registered at Police Station Crime Branch Indore for the offence punishable under Ss. 419,420,467 and 468 of IPC

(2.) Learned counsel for the applicant submits that he has been made accused on the basis of the memorandum under Ses. 27 of the Indian Evidence Act of co-accused Prakash, who was found with forged rin pustika. This applicant was not found in the Court. He is owner of the land for which the rin pustika was recovered from his possession and another case was registered against him at crime no.450/2019 in which he has been granted bail by this Court vide order dtd. 25/1/2022 in M.Cr.C.No.45187/2021. He remained in custody for almost one year in that case and in this case he has completed nine months custody. Investigation is over and charge sheet has been filed and no further custodial interrogation is required. All the documents have been seized.

(3.) Considering the facts and circumstances of the case, period of custody, without commenting on the merit of the case, this application is allowed. The applicant is directed to be released on bail on his furnishing personal bond in the sum of Rs.50,000.00 (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his regular appearance before the trial Court during the trial with a condition that he shall remain present before the Court concerned during the trial and shall also abide by the conditions enumerated under Ses. 437(3) of the Cr.P.C.