2021 (9) TMI 1421 - HC - Indian Laws

Seeking grant of Regular Bail - case of the prosecution is that the petitioner got his date of birth rectified through a forged judgment and decree sheet of Civil Judge (Junior Division), Panipat - HELD THAT - Whether the petitioner was unaware that the orders/judgments of the Trial Court submitted by him were forged would be considered during his trial. However, the petitioner is a young man aged 28 years; he has no other criminal case pending against him; investigation in the case is complete and that the petitioner's trial, which is yet to begin, is likely to take a long time to conclude. The present case is considered to be a fit one in which the petitioner be directed to be released on regular bail. Resultantly, subject to the satisfaction of the CJM/Duty Magistrate, Bhiwani, the petitioner is directed to be released on bail. Application allowed.

Summary

Issues:
Grant of regular bail under Section 439 Cr.P.C. in a case involving alleged forgery of orders/judgments of the Trial Court.

Analysis:
The judgment delivered by Hon'ble Mr. Deepak Sibal, J. pertains to a petition filed for the grant of regular bail in a case registered under Sections 420/467/468/471/120-B IPC at Police Station Civil Lines, District Bhiwani, Haryana. The prosecution alleges that the petitioner rectified his date of birth through a forged judgment and decree sheet of Civil Judge (Junior Division), Panipat. The petitioner, a young man aged 28 years, claims innocence and asserts being a victim of co-accused individuals who misled him into the forgery. It is highlighted that the petitioner has no prior criminal cases pending against him and has cooperated with the investigating agency by providing sample signatures. The prosecution opposes bail, citing the use of forged orders/judgments of the Trial Court by the petitioner.

During the hearing, the defense argues that the petitioner was unaware of the forgery and emphasizes his cooperation with the investigation. The court considers the petitioner's age, lack of prior criminal record, completion of investigation, and the expected lengthy trial duration in granting bail. The court directs the release of the petitioner on bail, subject to the satisfaction of the CJM/Duty Magistrate, Bhiwani. It is expressly stated that the decision to grant bail is specific to this application and does not imply a judgment on the case's merits.

In conclusion, the judgment addresses the complexities surrounding the alleged forgery of Trial Court orders/judgments, the petitioner's innocence claim, cooperation with the investigation, lack of prior criminal record, and the expected trial duration. The decision to grant bail is made based on a holistic evaluation of these factors, ensuring the petitioner's release while maintaining the impartiality of the court pending trial proceedings.