Sahbaan Ali & ANR. v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 2083 of 2018
1. Sahbaan Ali S/o Rahmattullah Aged About 60 Years Caste- Muslim, R/o- VillageJure, Out Post- Basdoi, Police Station- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh
2. Panne Lal Singh S/o Banka Singh Aged About 32 Years R/o- Village- Bhourahi, Tehsil And Police Station- Surajpur, Chhattisgarh., District : Surajpur, Chhattisgarh ---- Applicants
Versus
State Of Chhattisgarh Through- Station House Officer, Police Station- Ramkola, District- Surajpur, Chhattisgarh, District : Surajpur, Chhattisgarh & MCRC No. 2381 of 2018 Md. Irfan S/o Late Abdul Sakur Aged About 31 Years R/o- Village Badwar, Police Sation Ramkola, Tahsil Pratappur, District- Surajpur, Chhattisgarh, District : Surajpur, Chhattisgarh ---- Applicant
Versus
State Of Chhattisgarh Through- The Police Station- Ramkola, District- Surajpur, Chhattisgarh, District : Surajpur, Chhattisgarh ---- Respondent For Applicant :
Shri Lalit Jangde, Advocate For State :
Shri Manish Nigam, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 20/04/2018 Heard.
The aforesaid two bail applications are being decided by this common order as they arise out of the same crime number.
2.
The applicants have been arrested in connection with Crime No.17/2017 registered
in Police Station- Ramkola, Distt.-Surajpur (C.G.) for alleged commission of offences under Sections 420, 466, 467, 471, 477A and 120B of IPC. 3.
Case of the prosecution is that the applicants are involved in interpolation of school records relating to date of birth of Amirunnisha, who is alleged to have submitted forged documents of age to procure employment.
4.
Learned counsel for the applicant would argue that the applicants have not committed any offence. This Court had already granted anticipatory bail to Smt. Amirunnisha who is alleged to have submitted false and forged documents of age. It is submitted that correction in the records was not an interpolation but based on proper enquiry and it was found that the date of birth of Amirunnisha was wrongly recorded and in all previous certificates and school records, her date of birth was recorded as 09/07/1989. 5.
On the other hand, learned counsel for the State opposes bail application and submits that the applicants are involved in interpolation of school records by changing date of birth of Amirunnisha.
6.
I have perused the school records.
7.
It appears from the case diary and charge sheet that initially, date of birth of Amirunnisha was recorded as 09/07/1991 in the school register. Later on, Amirunnisha raised a dispute that her date of birth was wrongly recorded as 09/07/1991 whereas her correct date of birth is 09/07/1989. The records further show that earlier, the school records including primary school certificates, transfer certificates records date of birth of Amirunnisha as 09/07/1989. Therefore, the applicants are entitled to grant of bail. 8.
Accordingly, both the applications are allowed. It is directed that the applicants shall be released on bail on each of them furnishing a personal bond in the sum of Rs.25,000/- along with one local surety for the like amount to the satisfaction of the concerned Trial Court, with following further conditions:
(i) The applicants shall not act in any manner which will be prejudicial to fair and expeditious trial; and (ii) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. Certified copy as per rules.
Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti