ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal misc. bail cancellation application under Sec. 439(2) Cr.P.C. has been filed by the petitioner/complainant against the order dtd. 25/8/2021 passed by the learned Addl. Sessions Judge, Phalodi, District Jodhpur passed in Bail Application No.546/2021, by which the learned Judge has allowed the bail application of the accused respondent Pushpa Devi arising out of FIR No.283/2011 lodged at Police Station Phalodi, District Jodhpur for offence under Ss. 420, 467, 468, 471 & 120-B of IPC.

(2.) Learned counsel for the petitioner/complainant submits that initially the Police submitted Final Report in this case. Subsequently, however, the Police secured signature of the respondent Pushpa Devi and forwarded it for FSL. According to the FSL Report it has been determined the signature attributed to the respondent Pushpa Devi is indeed a forgery, thereby establishing that an offence has been committed by respondent No.2. Therefore, the anticipatory bail granted by the learned trial court to the respondent No.2 Pushpa Devi may kindly be cancelled.

(3.) Per contra learned Public Prosecutor and counsel for the respondent No.2 submits that the respondent No.2 is a women aged about 80 years, who has fully cooperated with the ongoing investigation. Furthermore, there is no need for any recovery to be made from the possession of the respondent No.2. It is also pertinent to mention that the respondent No.2 is afflicted by age related health issues, therefore, it is urged that the present bail cancellation application filed by the petitioner-complainant may kindly be dismissed.