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Judgment
V.K. Shrivastava, J.—Heard.
The accused/applicant has preferred this bail application u/s 438 of the Code of Criminal Procedure, apprehending arrest in crime No. 16/2005, registered at Police Station Patan, Distt. - Durg (CG) for commission of the offence punishable under Sections 420, 467, 468 and 511 of the I.P.C., for releasing him on anticipatory bail.
It is alleged that the applicant filed an application accompanied with consent letter said to be issued by his sister Hemin Bharti and his aunt (Father''s sister) Dukan Bai for recording his name in revenue records against the land bearing Khasra No. 229, 239, 383, 418/1, 710, 903 situated at village Sikola. The said application was rejected by the Tahsildar on the ground that on the death of his uncle Sukhlal, no right is accrued in favour of the applicant. Dukan Bai made a complaint to the police alleging that the applicant, to grab her land, has prepared a fake document alleging it to be a consent letter issued by her, Neither she has signed it, nor is able to sign.
Contention of the applicant is that he is one of the owners of the lands after the death of his father. His uncle died leaving behind only the applicant as a heir and he was enjoying the joint possession of the said land. He did not prepared any fake documents. Dukan Bai herself signed and issued the consent letter.
It is admitted by the counsel for the State that Dukan Bai was a qualified nurse who, as a result of paralysis become medically unfit and was forced to retire.
Learned Counsel for the State also admits that there is no evidence to say that Dukan Bai cannot sign but she is withdrawing amount from the bank, under her thumb impression. He also admits that neither the signature has been got examined by the handwriting expert nor any attempt has been made so far to get it done.
Taking into consideration the totality of the circumstances, the application is allowed and it is directed that in the event of his arrest, if the applicant, abiding with all the conditions as laid down in Section 438 of the Code of Criminal Procedure, furnishes a personal band of Rs. 25,000/- (Rs. Twenty-five thousand) with two solvent sureties of the like sum to the satisfaction of the authority arresting, he be released on bail for a period of two months from today. In the meanwhile, applicant shall be entitled to file application for grant of regular bail in concerned Court and the same shall be decided on its own merit.
Bail Granted.