• Original (fraud) bond not being made available by accused

Sorry for the long narration but the crux of the matter is necessary in detail:
a politically well connected person had tried taking possession of my late father in law's industrial land (nanded, maharashtra) in jan 2023 along with 20-25 people illegally but failed since the gate itself could not break. there were couple of miscreants who climbed down the gate & tried hitting (with a wheel spanner) my wife who happened to be on the plot at that time so we filed a fir regarding that matter. during investigation period, the accused person's aide filed a false complaint in the police station (a) of robbery & also in the court (b) under 156(3) which was set aside by both the authorities accordingly. we applied for rti of the complain filed at the police station & obtained the copy of the fraud bond. the accused has fraudulently created an agreement deed on a back date bond where in my fil's signature is forged (its visible to naked eyes & also have a private signature analyst report). also this fraud bond came into light when the accused person filed a case in court for interim bail in respect of the above fir. bail was rejected at nanded court (c) so he filed in hc aurangabad (d) & received bail. the chargesheet is filed & court proceedings are on (no 420 sectioned filed here).
now the second & main matter:
my wife filed a case under 156(3) pleading the court for investigating the fraud bond where in the court ordered the fir in the month of oct 2024 (ipc sec 420, 468, 471, 120-b). 
the accused person appled for interim bail again in this matter also agreeing in the court that he is in the possession of the original bond,
court gave him bail by specifically mentioning in the order that he has to submit the original bond which is in his possession to the police while investigation.
the investigating police officer has unable to get the bond since a year, my wife after requesting sp past 4-5 months, the sp has changed the investigation officer.
now the new officer says if he does not get the bond from the accused, the officer cannot complete the chargesheet & file it in court.
it is very well seen that the police is reluctant to take action.
what remedy does my wife have?
also the accused has given the copies of the fraud bond on 4 instances as mentioned above (a,b,c,d)
Asked 1 month ago in Criminal Law
Religion: Hindu

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9 Answers

It appears your wife has already taken the right legal steps by filing a 156(3) complaint and securing registration of the FIR for forgery and cheating. Since the accused has failed to comply with the bail condition of submitting the original forged bond, and the investigation officer seems reluctant to act, your wife can now move an application under Section 156(3) CrPC read with Section 173(8) before the Magistrate Court to seek directions for supervisory investigation or court monitoring.

Alternatively, she can also file a written complaint to the Superintendent of Police and the Judicial Magistrate highlighting non-compliance of bail conditions and dereliction of duty by the Investigating Officer.

If no action follows, approaching the High Court under Article 226 for a direction to ensure fair and proper investigation would be the next step.

When the police fail to act, the court’s supervisory powers can ensure the investigation moves forward.

Sukumar Jadhav
Advocate, Mumbai
48 Answers

Draw attention of court on next date that accused had failed to furnish original bond inspite of statement t made in court that he shall submit it to court 

 

that police have not been able to complete investigation because of accused non cooperation 

 

that bail of accused be cancelled 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

If the police is delaying the process for obtaining the original bond intentionally then you can file a petition before the concerned court about it and pass orders directing the police to procure the bond through accused or to cancel his bail..

If there's no proper response then you can file a petition before high court under section 482 cr.p.c. to direct the concerned police accordingly.

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

You can pray for cancellation of the bail on ground of non compliance of the order of the court 

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

Your wife can file a contempt petition or writ petition in the High Court for non-compliance of the court order directing the accused to submit the original bond to the police. The court order is binding on the accused and the police. Meanwhile, she should also request the court to direct the police to take coercive action against the accused for withholding the original bond. If the police remain reluctant, a complaint against police inaction can be filed with the Superintendent of Police, State Human Rights Commission, or the State Police Complaint Authority. Engaging a lawyer to promptly approach the High Court for enforcement of the order and speedy investigation is advisable. Copies of the fraudulent bond and expert report should be submitted as evidence. This legal pressure often compels police to act and the accused to produce the original document.

Shubham Goyal
Advocate, Delhi
2052 Answers
14 Consultations

Your wife should file a petition under Section 156(3) CrPC read with Section 173(8) CrPC before the Magistrate seeking court-monitored investigation and specific directions to the IO/SP to seize the original forged bond from the accused, as required by the earlier bail order.

If the police continue to delay, she can also:

File a contempt or non-compliance application before the same Magistrate citing disobedience of the bail condition;

Approach the Superintendent of Police or DIG in writing under Section 154(3) CrPC; and

As a stronger remedy, file a writ petition (criminal) under Article 226 in the Bombay High Court (Aurangabad Bench) seeking transfer of investigation or direction to ensure recovery of the forged bond.

These steps compel the police to act and preserve crucial evidence for the chargesheet.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

You have informed that in the second FIR registered on court directions under Section 156(3) CrPC, the accused was granted bail on the clear condition that he must hand over the original forged agreement bond to the Investigating Officer. More than a year has passed, the accused has not complied, and the police have failed to enforce the condition. The first IO was replaced, and the new IO is now stating that chargesheet cannot be filed unless the original document is produced. This shows deliberate non-compliance by the accused and clear reluctance on the part of the police to act.

The law is fully in your favour. A bail condition is not optional; it is binding. When the accused fails to comply with any condition of bail, his bail is liable to be cancelled under Sections 437(5) and 439(2) of the Code of Criminal Procedure. Non-submission of the forged document, when the bail order itself requires it, amounts to misuse of liberty and interference with the administration of justice. You are entitled to apply to the same court that granted bail and seek cancellation on the ground that the accused is in wilful breach. Once such an application is filed, the court may cancel bail and issue a non-bailable warrant if satisfied that the accused is obstructing investigation by withholding evidence.

You may also file an application before the Magistrate seeking court-monitored investigation or fixed-time directions to the IO to complete the chargesheet. The police cannot legally refuse to file a chargesheet only because the accused is withholding evidence. Secondary evidence of the document is already available through the multiple copies filed by the accused himself in earlier proceedings, and such secondary evidence is admissible under Section 65 of the Indian Evidence Act where the original is intentionally suppressed. The IO is therefore not justified in delaying the charge sheet.

If the Magistrate does not act, you may approach the Bombay High Court (Aurangabad Bench) by way of a writ petition under Article 226 seeking directions for fair and time-bound investigation. You may also bring to the notice of the court that the accused has repeatedly used the forged bond in different proceedings and therefore cannot take the stand that the document does not exist. His conduct amounts to tampering with evidence and contempt of the bail order.

You are also free to initiate contempt proceedings before the High Court on the ground that the accused has violated a judicial order by failing to deposit the original document with the police. In addition, a complaint may be filed against the Investigating Officer for dereliction of duty if he continues to claim that he “cannot do anything” without the document, even though the law requires him to file a chargesheet based on available material and later file a supplementary chargesheet if new evidence is recovered.

The strongest and most immediate remedy available is to file an application for cancellation of bail on the ground of breach of condition, along with a second application seeking court-directed investigation. Once such applications are filed, the pressure shifts from you to the accused and the police, and the matter moves out of delay and into judicial control.

Yuganshu Sharma
Advocate, Delhi
943 Answers
2 Consultations

Based on what you’ve described, the situation involves (i) a forged document (fraudulent agreement deed/bond with forged signature of your late father-in-law), (ii) ongoing criminal proceedings where the accused was granted interim bail with a specific direction to surrender the original bond, and (iii) deliberate non-compliance of that bail condition coupled with police inaction.

Let’s look at this systematically.

Summary of Current Legal Position

  1. FIR already registered under Sections 420, 468, 471, 120-B IPC, pursuant to the order under Section 156(3) CrPC.

  2. Bail granted to the accused with a specific condition — to submit the original forged bond to the Investigating Officer.

  3. Non-compliance — accused has not produced the bond for almost a year.

  4. Police inaction — despite complaint to the Superintendent of Police (SP) and change of I.O., investigation remains incomplete solely due to non-production of the original document.

  5. Material evidence (copies) — the accused himself has filed or annexed the same forged document before various forums (police complaint, 156(3) application, bail applications in lower court and High Court), hence the forged document and its use are already on record.

Legal Remedies Available

1. Approach the Jurisdictional Magistrate under Section 173(8) or Section 156(3) CrPC again
Your wife (the complainant) can file an application before the same Magistrate who had earlier ordered the FIR, bringing to the court’s attention that:

  • The accused has failed to comply with the bail condition (non-submission of the original forged bond).

  • The police are failing to complete investigation despite sufficient evidence and copies of the forged bond already available in public record.

  • The I.O. is not taking coercive steps to recover the document or prosecute for forgery and related offences.

You can request the Magistrate to:

  • Direct the Investigating Officer to take appropriate coercive measures (such as search/seizure under Section 91 or 93 CrPC).

  • Issue notice to the accused to produce the document before the I.O. or the Court.

  • Monitor investigation by requiring the I.O. to file progress reports.

This ensures judicial supervision over the investigation.

2. File a Complaint for Violation of Bail Conditions
Since the bail order expressly requires production of the bond, non-compliance amounts to breach of bail conditions.
You may file an application for cancellation of bail before the same court that granted it (or the Sessions Court / High Court, depending on which court granted bail), citing:

  • Deliberate disobedience of the bail condition; and

  • Obstruction of justice and investigation.

Courts take violation of bail conditions seriously, and bail can be cancelled for wilful non-compliance.

3. Approach the Superintendent of Police or DIG under Section 154(3) / 36 CrPC
You’ve already approached the SP, but if no effective action is taken, a written representation to the DIG/CP or even to the Judicial Magistrate under Section 156(3) CrPC can be made attaching proof of prior representations.
This establishes a record of official dereliction in investigation and keeps higher supervisory officers accountable.

4. Approach the High Court under Article 226 / 482 CrPC
As a last resort, your wife may file a Writ Petition (Criminal) or Application under Section 482 CrPC before the Bombay High Court (Aurangabad Bench), seeking:

  • Direction to the police to conduct proper investigation and recover the original bond.

  • Transfer of investigation to another agency (e.g., CID) if bias or inaction is apparent.

  • Monitoring of investigation by the Court till the chargesheet is filed.

High Courts in Maharashtra have intervened in similar cases where forged documents and police inaction were involved.

5. Preserve All Documentary Evidence
Since the forged document has been used and filed in multiple proceedings, obtain certified copies of each filing (a, b, c, d). These establish:

  • Repetition of use of forged document (important for Section 471 IPC).

  • Mens rea and pattern of conduct.

  • The chain of custody and proof of forgery, even without the original, if the forensic comparison is already on record.

Suggested Immediate Next Steps

  1. File an application before the Magistrate (in the ongoing 156(3) matter) for supervision of investigation and direction to IO to complete investigation and file chargesheet.

  2. Simultaneously, file an application for cancellation of bail due to non-compliance with bail condition.

  3. Keep a written record of all communications with the SP and IO.

  4. If no result within a reasonable time (say, 4–6 weeks), move a petition before the High Court for monitored investigation or transfer to CID.

Indu Verma
Advocate, Chandigarh
169 Answers
8 Consultations

Dear Client,
Given that the accused has breached the bail condition by failing to return the original of the forged document, and that the police are inaction with respect to the accused's violation of the bail conditions, your wife should file an application for cancellation of bail in the same court on the grounds of non-compliance with the court directions. Your wife can also file an application in the Hon'ble High Court under section 482 CrPC to direct the police to seize the document, complete the necessary investigation, and she can file a written complaint to the SP or Commissioner. If there is still no statement by the accused about the original document, the court can admit the certified or secondary copies of the documents once the accused's denial of the original is supported by evidence (as per the Evidence Act/Sections in that Act).
I hope this answer is useful. Please do not hesitate to contact us if you have any more queries.

Anik Miu
Advocate, Bangalore
11005 Answers
125 Consultations

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