Ashokkumar Sharadacharan Nandye v. State Of Maharashtra And ANR

by HEMANT CHANDERSEN SHIV Date:

2023.06.08 10:13:59 +0530 HEMANT CHANDERSEN SHIV 28.aba632.23.doc Shiv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.632 OF 2023 Ashokkumar Sharadcharan Nandye ...Applicant vs.

State of Maharashtra & Anr.

...Respondents

Mr. Hrishikesh S. Shinde i/b Sushil Nimbkar for the Applicant. Mr. H. J. Dedhia APP for the Respondent-State. Mr. Prakash Kadam, PSI, Thane City police station present. CORAM :S. M. MODAK, J.

DATED :5TH JUNE 2023 P. C. :

1.

Learned Advocate for the Applicant submitted that this Court has already granted interim protection as per order dated 2nd March 2023. There was direction given to the Applicant to give specimen signatures and co-operate with the investigation. The specimen signatures are given. Though Investigating Officer is not present, the officer is present from the concerned police station. 2.

While granting interim protection, this Court has already recorded the averments in the FIR and contention raised on behalf of the Applicant. The Applicant'

s sister expired in the year 1999.

3.

The Applicant applied for probate before the Court of Civil 1/2

28.aba632.23.doc Judge, Senior Division, Thane and probate was granted in his favour. The signatures of wife of the first informant by name Aarti, his sister in law-Savita and Geeta were forged. The said Aarti has expired and FIR is lodged by her husband. The offence is registered under sections 120-B, 465, 467, 468 and 471 of IPC. 4.

Respondent No.2 has already filed Civil Suit in the year 2017. Those papers are not annexed. Whereas the FIR is lodged on 18th July 2022. It is on the basis of directions given under Section 156(3) of the Code of Criminal Procedure.

5.

Considering the above facts, the custodial interrogation of the Applicant is not required. Hence, the following order is passed :

ORDER

(a) The order dated 2nd March 2023, is confirmed. (b) The Applicant to cooperate with police as and when required. 6.

Application is disposed of accordingly.

[S. M. MODAK, J.] 2/2