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2014 DIGILAW 400 (CHH)

Mohammad Shakeel Khan v. State of C. G.

2014-11-18

SANJAY K.AGRAWAL

body2014
ORDER Sanjay K. Agrawal, J. 1. Heard finally. The applicant has moved this application under Section 439 of the Cr.P.C. for grant of regular bail in connection with Crime No. 120/2013 registered at Police Station Bhilai-3, District Durg for offence punishable under Sections 420, 464, 467, 468 end 471 read with Section 34of IPC. 2. The allegation against the applicant is that the present applicant along with one Gurdeep Singh prepared a forged power of attorney in the names of Laxmandas sod Kewalrarn Hinduja and sold the suit land to Smt. Keshan Begum on 30-11-1994 and on a report made on their behalf by Dilip Hinduja on 17-02-2012, the present case has been registered and the applicant has been arrested on 15-05-2014. 3. Learned counsel appearing for the applicant would submit that the said sale of the suit land has been made to Smt. Keshri Begum on the power of attorney given by Laxmandas and Kewalram and the revenue case initiated by Kewalram against the construction made by Smt. Keshri Begum has been rejected by Naib-Tahsildar on 27-04-2012 and thereafter Kewalram and others have filed Civil Suit No. 65-A/14 (Kewalram and others v. Mohd. Shakeel Khan and others) for declaration of the said power of attorney as a forged document, declaration of the sale-deed dated 30-11-1994 as null and void and for permanent injunction. Certified copy of Civil Suit No. 65-A/14 is filed along with the instant bail application. The suit is pending consideration before the jurisdictional Civil Court and the delay of 18 years in lodging the F.I.R. has not been explained. 4. The application for bail is opposed by learned counsel appearing for the State. 5. Taking into consideration the facts and circumstances of the case, particularly, that the revenue case between the parties relating to the land in question was dismissed by the Naib-Tahsildar and there was an enormous delay in lodging the F.I.R. and that the applicant is in jail since 15-05-2014 and charge-sheet has been filed, I am of the considered opinion that it is a fit case for release of the applicant on bail. Accordingly, the application is allowed. It is ordered fiat the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs. 25,000/- with one local solvent surety of the like amount to the satisfaction of the trial Court. Accordingly, the application is allowed. It is ordered fiat the applicant shall be released on bail on his furnishing a personal bond for a sum of Rs. 25,000/- with one local solvent surety of the like amount to the satisfaction of the trial Court. He shall appear before the trial Court regularly on each and every date as and when given to him by the said court till the trial is concluded. C.C. as per rules today. Application allowed