Bombay High CourtABA/382/2015others disposed off

Mahesh Maruti Shinde v. The State Of Maharashtra

2015-03-27Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

12-ABA-382-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.382 OF 2015 Mahesh Maruti Shinde ....Applicant.

Versus

The State of Maharashtra

...Respondent.

Mr. Jayesh Kocheta, advocate for the Applicant. Mr. D.P.Adsule, APP for the respondent-State. IO Ms. Ghadge PI Crime present.

CORAM : MRS. MRIDULA BHATKAR, J.

DATED : March 27, 2015.

P.C.:

This application is moved for pre-arrest bail under Section 438 of the Cr.P.C. as the applicant-accused is facing charges under Sections 420, 467,468,471 read with Section 34 of the IPC in C.R.No.94 of 2015 registered at Kondhwa police station. Informant Abraham Thomas was cheated by the co-accused, who is the main accused and the applicantaccused by transferring the agricultural land owned by the complainant by creating bogus power of attorney and the forged sale deed. The amount received out of the transaction is allegedly distributed between the coaccused and some amount was given to the applicant-accused. Hence, this application for pre-arrest bail.

Shivgan 1/2

12-ABA-382-15 The learned counsel for the applicant-accused has submitted that no specific role is attributed to the applicant-accused. He submitted that co-accused nos.1 and 2 have played major role in this offence. Applicant-accused has no association with those accused. There is no evidence against him.

The learned prosecutor submitted that custody of the applicant-accused is required for interrogation to find out who prepared bogus documents and as to how and where such documents were prepared. Police have found that some amount was given to him out of sale proceeds. Applicant-accused is having a case bearing no.58 of 2009 of cheating and forgery against him registered at Varje police station and that is along with co-accused Sanjay Allat. Said case is pending before the Court. In view of this as it is a case of forgery and cheating, I reject Anticipatory Bail Application.

(MRS.MRIDULA BHATKAR, J.) Shivgan 2/2