Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated. He further submits that the applicant has not got prepared any forged-will and the matter is sub-judice before the Revenue Court. He further submits that the informant had filed an appeal before the SOC challenging the order dated 23.1.1994 passed by the ACO whereby the mutation was made in favour of the applicant. He further submits that the aforesaid appeal has been remanded back by the SOC before the CO for passing a fresh order after providing opportunity of hearing to both the parties and to record a finding as to when and where Mahar Chand died and whether the name of the father of the deceased Mehar Chand was MorKat or Bhvarkat. He has further submitted that it is purely a civil dispute and the applicant has been unnecessarily, with malafide intention, dragged into the criminal case. He further submits the applicant has got no criminal history and is in jail since 30.8.09.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Kale Ram @ Kalu Ram involved in Case Crime No. 41 of 2009, under Sections 420, 467, 468, 471, 34/120B, 504 & 506 I.P.C., P.S. Jhijhana, District Muzaffar Nagar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 25.1.2010 vinay