RADHESHYAM Vs. STATE OF M P

JUDGEMENT

(1.) This is the fifth bail application filed by the applicant under Section 439 of Cr.P.C. The previous applications were withdrawn by the Counsel for the applicant, after realizing that the Court is not inclined to grant bail.

(2.) It is submitted by the Counsel for the applicant that the applicant is in jail from 19-8-2017, in connection with crime no. 28/2017 registered at Police Station Crime Branch, Gwalior for offences under Section 420,467,468,471,120B of I.P.C.

(3.) It is submitted by the Counsel for the applicant, that the applicant is an old person, aged about 66 years and is a retired Patwari. Although there are allegations against the applicant that he was involved in conspiracy of preparing forged revenue documents which were being used for furnishing bail in the Court, but he is in jail from 19-8-2017 i.e., more than one year and only one witness has been examined so far, therefore, considering the advance age of the applicant, he may be granted bail. Further, this Court while considering the bail application of the co-accused Rajkumar in M.Cr.C. No 7259/2018 has granted bail considering the fact that by that time, even the charges were not framed, however, it is fairly conceded by the Counsel for the applicant, that now the charges have also been framed and the evidence is being recorded. To buttress his contentions, the Counsel for the applicant has relied upon the judgments passed by the Supreme Court in the case of Sumeet Saluja Vs. State of Uttar Pradesh, (2018) 1 SCC(Criminal) 540, Babu Singh and Others. Vs. State of Uttar Pradesh, (1978) AIR SC 527, Anil Ari Vs. State of West Bengal, (2009) 3 SCC(Criminal) 1377, and judgments of this Court passed in the case of Kallaram Vs. State of M.P.,1996 2 MPWN 162, Lal Singh Vs. State of M.P.,1999 2 MPWN 28 It is further submitted by the Counsel for the applicant that in case the applicant is not granted bail, then it is possible that only his dead body may come out of the jail.