Gopal Ramlal Sharma v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION No. 416 of 2018. Gopal Ramlal Sharma ..Applicant.

Vs State of Maharashtra ..Respondent.

Mr. Sachit Gite, Advocate for the Applicant.

Mr. S.S.Pednekar, APP for the State.

Mr. A. D. Patil, P.S.I. Vadner Bhairav Police Station, Taluka Chandwad, Dsitrict Nashik present.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATE : 4TH SEPTEMBER, 2018 P.C:- 1) This is an application filed by the aforesaid applicant for pre-arrest bail under Section 438 of Criminal Procedure Code, apprehending his arrest in C.R.No. I-114 of 2015 registered at Wadner Bhairav Police Station, Taluka Chandwad, District Nashik for offences punishable under sections 420, 467, 468 and 379 of the Indian Penal Code.

2) Heard Mr. Sachin Gite, learned counsel for the applicant and Mr. Pednekar, learned APP for the State. Perused the records and considered the submissions advanced by the learned counsels for the respective parties.

3) The case of the prosecution, in short, is that one

Forest Officer filed a complaint against the applicant alleging that the applicant had made corrections and alterations in the permit issued to the applicant for taking the sandle wood and thereby he misguided Forest Officer for issuance of the fresh permit in respect of purchase and sale of the sandal wood. The applicant was found in possession of the sandal wood excess than the permitted quantity under the permit. 4) It is to be noted that by an order dated 6th March, 2018, this Court after considering the material on record and the nature of offences alleged to have been committed by the applicant had granted interim relief. The applicant was also directed to report to the Investigating Officer. The learned APP submits that the applicant has reported to the Investigating Officer as per the directions of this Court. He further submits that the investigation is complete and that the charge-sheet is already filed on 8th March, 2018.

4) Considering the above fact and also considering the nature of allegations against the present applicant, in my considered view, this is a fit case for grant of anticipatory bail to the applicant. Hence, the following order : (i) Application is allowed.

(ii) In the event of arrest in Crime No. I-114 of 2015 registered with Wadner Bhairav Police Station, Taluka Chandwad, District Nashik, the applicant be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- with one or two sureties in the like amount to the satisfaction of the concerned Investigating Officer.

(iii) The applicant shall report to the Investigating Officer as and when required and called by the Investigating Officer.

(iv) The applicant shall furnish his permanent and temporary addresses, if any, and his contact details to the Investigation Officer.

(v) The applicant shall not change his residential address without prior intimation to the Investigation Officer.

(vi) The applicant shall not interfere with the complainant/first informant, other witnesses and shall not tamper with the evidence in any manner. (SMT. ANUJA PRABHUDESSAI, J.) by Radhakishan Shivlal Ladda Date: 2018.09.06 18:24:06 +0530 Radhakishan Shivlal Ladda