JITENDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first bail application under Section 439 of Cr.P.C. in connection with Crime No.158/17 registered at Police Station - Sarafa, District-Indore under Sections 420 , 465 , 467 , 468 , 471 and 120-B of IPC.

(2.) It is the case of the prosecution that the petitioner in connivance with the other co-accused persons fabricated false identity card, using that identity card, he obtained a voter I.D. card, using this I.D., he obtained 2 pan cards and using all these documents, he opened bank account in Jawahar Marg Branch of Andhra Bank and some other banks. He purchased 2 vehicles and by using fake voter I.D. and pan card, he applied and obtained 2 death certificates of Mr. Subash Borade with 2 different father names. He withdrew maturity amount of fixed deposits of Subash and thus has committed crime.

(3.) It is submitted by the learned counsel for the petitioner that complainant Dilip and Vishal are his uncle (chacha)/cousin and one Subash Holkar was his uncle (mama). Father of Subash Holkar was Datatray and his grandfather was Govind Rao Holkar. Subash Holkar used to mention his father's name, somewhere alone and some other places with his grandfather's name and somewhere used to mention their names (father's and grandfather's names) in abbreviation. Thus sometime, he was using Subash Holkar S/o Datatray Holkar, sometime Subash Holkar S/o Govind Rao Datatray Holkar and sometime Subash Holkar S/o G.D. Holkar. Subash died intestate on 08/10/2013. H was treating the petitioner as his son. During his lifetime, he nominated him in his bank and other official documents. After his death, the petitioner applied for withdrawal of fixed deposit of Subash Holkar and mentioned his father's name as Datatray Holkar, along with a death certificate obtained in the same name, but in the bank, there was some difference in the name of father's, therefore, bank asked them to get it corrected in the death certificate, therefore, he applied for another death certificate mentioning the father's name as suggested by the bank. Substantially, there was no difference in Subash Holkar S/o Datatray Holkar or Subash Holkar S/o Govind Rao Datatray Holkar or Subash Holkar S/o G.D. Holkar, as they are one and the same person, therefore, no forgery is committed by him. By submitting the application, he only received Rs.2107.60/- in his bank account from the FDR of Subash Holkar. Real brother of deceased Subash Holkar - Hemant and Devdas have never disputed all these facts and have never opposed the action of the petitioner. There is serious family dispute regarding ancestral property between the petitioner and the complainant. Various civil matters are also pending between them. No forgery has been committed by him. The complainant has created a confusion only to gain advantage in the property dispute. He is in jail since 24/04/2019, charge-sheet has already been filed, no custodial interrogation or any recovery is required from him and the trial is likely to take time, therefore, he be granted bail.