Suraj S/O. Naresh Pandhari v. State Of Maharashtra

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 825 OF 2024 Suraj Naresh Pandhari ..Applicant

Versus

The State of Maharashtra ..Respondents ______ Mr. Atul Kumar Pandey for Applicant.

Smt. M. H. Mhatre, APP for State/Respondent.

______ CORAM : SARANG V. KOTWAL, J.

DATE : 27 MARCH 2024 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No.100 of 2024 registered at Bangur Nagar Police Station, Mumbai, under sections 465, 468, 471, 193, 196, 197, 198 and 120-B of the Indian Penal Code.

2.

Heard Mr. Atul Kumar Pandey, learned counsel for the applicant and Smt. Mhatre, learned APP for the State. 3.

The F.I.R. is lodged by one Hemlata Vaje, working as P.S.I. attached to Bangur Nagar Link road police station. The subject matter is in respect of a fake medical certificate produced Digitally signed by VINOD BHASKAR GOKHALE Date:

2024.03.28 12:20:56 +0530 VINOD BHASKAR GOKHALE

by one Amol Vhatkar in connection with C.R.No.566 of 2023 registered at the same police station, under sections 326, 324, 323, 504 r/w. 34 of the I.P.C. In that case, Amol was examined on 17.10.2023, but the medical certificate which was produced was tampered with. The first page was genuine, but the other pages were substituted. The allegations are that, at the instance of Amol some different injury was mentioned. On this basis the F.I.R. was lodged.

4.

Learned counsel for the applicant submitted that, there are no allegations against the applicant in the F.I.R. The applicant is sought to be arrested only on some fake information given by one co-accused Chorge.

5.

Learned APP, on instructions, makes a statement that the investigation carried out so far has not revealed any definite material against the present applicant. She further submitted that the aforementioned Chorge had implicated the applicant. However, there is no such statement recorded by the investigating agency. Therefore, as of today, there is no definite material against

the present applicant.

6.

In this situation, the applicant cannot be denied the protection U/s.438 of the Cr.p.c. It would be sufficient if he attends the concerned police station and co-operates with the investigation.

7.

Hence, the following order :

O R D E R

i) In the event of his arrest in connection with C.R.No.100 of 2024 registered at Bangur Nagar Police Station, Mumbai, the applicant is directed to be released on bail on his executing P. R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

ii) The Applicant shall attend the concerned Police Station on 05.04.2024 between 1.00p.m. to 5.00p.m. and thereafter as and when called and shall cooperate with the investigation.

iii) The Application is disposed of.

(SARANG V. KOTWAL, J.)