MUNNALAL Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Revision under Section 397, 401 of Cr.P.C. has been filed against the judgment and sentence dated 10-8-2017 passed by IVth Additional Sessions Judge, Gwalior in Criminal Appeal No. 600111/2012 arising out of judgment and sentence dated 2-2-2012 passed by J.M.F.C., Gwalior in Criminal Case No. 15982/2007. The Trial Court had convicted the applicant for offence under Sections 420,467,468 and 471 of I.P.C. and was sentenced to undergo the rigorous imprisonment of one year and a fine of Rs. 1000, three years and a fine of Rs. 1000, one year and a fine of Rs. 1000 and one year and a fine of Rs. 1000 with default imprisonment respectively. In appeal, the applicant has been acquitted for offence under Sections 467 and 468 of I.P.C. and has been convicted under Section 420 and 471 of I.P.C. and has been sentenced to undergo the rigorous imprisonment of one year and a fine of Rs. 1000/- with default imprisonment for each of the offence.

(2.) The necessary facts for the disposal of the present revision in short are that one Rakesh was directed to be released on bail on his furnishing the bail bond in the sum of Rs. 10000 with one surety in the like amount to the satisfication of the C.J.M., Gwalior. The applicant appeared as a surety along with rin pustika No. 052418. When the documents were being verified, it came to the knowledge of the Court that the applicant on an earlier occasion had stood as a surety in another case by disclosing his another name. On query, it was accepted by the applicant that in Sessions Trial No. 364/2005, he has stood as a surety in the name of Ramjilal son of Chhotelal and a case has been registered against him. An affidavit was also filed by the applicant in support of his papers to the effect that he had never stood as a surety in any other case. As the affidavit was found to be incorrect therefore, he was handed over to the S.H.O., Padav, Gwalior and the police authorities were directed to register the criminal case if any case is made out against the applicant. Accordingly, the police register the offence against the applicant under Section 420 of I.P.C. During investigation, the documents produced by the applicant as a surety were also got verified and it was found that even the rin pustika produced by the applicant was a forged document. After completing the investigation, the police filed the charge sheet against the applicant for offence under Sections 420,467,468 of I.P.C.

(3.) The Trial Court by order dated 25-6-2008, framed charges under Sections 420,467,468 and 471 of I.P.C.