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2000 DIGILAW 1765 (SC)

GAMA SINGH v. State Of Bihar

2000-10-30

K.T.THOMAS, R.P.SETHI

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( 1 ) LEAVE granted. ( 2 ) THE appellant applied for anticipatory bail and the same was rejected by the High Court. However, the appellant was given the relief on condition that if he deposits the entire amount of Rs 1,00,000 (Rupees one lakh) with the trial court or pay the same to the complainant, he could apply for the bail after surrendering himself to the court. The case against him is that he forged a document which is styled as "withdrawal Form". The document was originally issued, according to the complainant, in a sum of Rs 10,000 (Rupees ten thousand) and the allegation is that the appellant had made it into rs 1,00,000 and encashed the same. The photocopy of the document is produced which apparently shows that the figure has been written in words also. If that be so, prima facie it is for the complainant to show how the words remained on the document at the time when he executed the same. In the aforesaid circumstances this is a fit case where the appellant could be released on bail even with the help of a pre-arrest bail order. ( 3 ) WE, therefore, allow this appeal and direct that the appellant, if arrested, shall be released on bail on executing the bond to the satisfaction of the arresting officer.