Nikhil Gulab Kunjir v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.904 OF 2023

1. Suman Dnyanoba Shinde

2. Balaso D. Shinde.

3. Sachin D. Shinde

4. Sujata S. Katake

5. Kiran A. Bhandalkar ...Applicants V/s.

The State of Maharashtra

...Respondent

AND ANTICIPATORY BAIL APPLICATION NO.903 OF 2023 Nikhil Gulab Kunjir ...Applicant V/s.

The State of Maharashtra

...Respondent

Mr. Zaid Anwar Qureshi, i/b M/s. Hulyalkar & Associates for the Applicants.

Mr. A. A. Palkar, APP for the Respondent/State

CORAM

:

N.R. BORKAR, J.

DATE :

27.03.2023.

P.C. :

.

The applicants, who are accused in Crime No. 8 of 2023 registered at Rajgad Police Station, for the offences punishable under Sections 420, 463, 464, 465, 466, 468, 471, 472, 473, 474, 120-B read with 34 of the Indian Penal Code (IPC) have filed these applications under Section 438 of the Code of Criminal Procedure for anticipatory bail.

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2.

The allegations against the present applicants are of preparing forged birth certificate.

3.

According to the prosecution, the applicant No.1 in Anticipatory Bail Application No.904 of 2023 has filed forged birth certificate in a suit filed by her for partition to prove that she is daughter of grandfather of the complainant, namely, Namdev Kunjir.

4.

The crime in question came to be registered on the basis of order passed by the learned Magistrate under section 156(3) of the Code of Criminal Procedure.

5.

The learned counsel for the applicants has placed on record the relevant extract of Register maintained by the Gram Panchayat to show that birth certificate is not forged. Considering the overall facts and circumstances and as the civil suit between the parties is still pending, I am inclined release the applicants on anticipatory bail. In the result the following order is passed.

ORDER

A) The Applications are allowed.

B) In the event of arrest of the applicants in Crime No. 8 of 2023 registered at Rajgad Police Station, for the offences punishable under Sections 420, 463, 464, 465, 466, 468, 471, 472, 473, 474, 120-B read with 34 of the Indian Penal Code (IPC), they be released on bail on executing P.R Bond in 2/3

the sum of Rs.25,000/- (Rupees Twenty Five Thousand) each with one or two sureties in the like amount.

C) The Applicants shall attend the concerned police station as and when called by the Investigating Officer and shall cooperate in the investigation.

[N.R.BORKAR, J.] 3/3