Kalluram Mangruram Jaiswar v. The State Of Maharashtra And ORS.

rpa 1/4 21 aba 1027 2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1027 OF 2021 Kalluram Mangruram Jaiswar .. Applicant

Versus

State of Maharashtra and Anr.

.. Respondents ......

Mr.Dilip P. Devadiga i/b. Mr.Sanjay D. Gaikwad, Advocate for the Applicant.

Mr.Y.M. Nakhwa, APP for the Respondent - State. Mr.Rajendra Toradmal, API Kapurbavadi Police Station, Thane, present.

......

CORAM : PRAKASH D. NAIK, J.

DATED :

JULY 02, 2021.

P.C. :

The Applicant is seeking anticipatory bail in connection with C.R.No.65 of 2021 registered at Kapurbavdi Police Station, Thane, under sections 420, 465, 467, 468 and 471 r/w. 34 of the Indian Penal Code (for short 'IPC'). Heard Mr.Dilip Devadiga, learned counsel for the applicant and Mr.Nakhwa, learned APP for the State. The First Information Report (for short 'F.I.R.) is lodged by one Kamlesh Mishra who is working as Head Master

rpa 2/4 21 aba 1027 2021.doc with Navneet Junior College. He was Secretary of M/s. Hare Krushna Education Society. Said society had another school by name Navbal Vidya Mandir, at Azad Nagar, Kolshet Road, Thane. The applicant was Head Master of that school in the year 2000. The allegations are that the applicant got his son a job in that school based on forged representation and false documents. Learned counsel for the applicant submitted that the applicant was arrested in connection with C.R.No.I-156 of 2019 registered at the same police station under the similar sections lodged by one Laxmichand Ahuja who was also connected with the same Trust. The subject matter of that particular F.I.R. was a forged degree certifcate of the applicant himself, using which he had got his job.

Learned counsel for the applicant submitted that in that connection he was in jail for more than 60 days. There was comprehensive investigation. He was in police custody for sufficient time. He submitted that the investigating machinery in collusion with the Trust are harassing the present applicant by fling one offence after other, though their allegations are not new. He submitted that all the allegations are in respect of documents tendered in the year 2000.

rpa 3/4 21 aba 1027 2021.doc The son of the applicant has been arrested and he is in custody since 23rd February, 2021. Charge-sheet has been fled against the applicant's son (accused no.1). Learned APP submitted that the applicant is involved in this crime. He has approved the appointment of his son.

These events had occurred in 2000. Applicant was in custody in the FIR registered against him in 2019, and, subsequently he has been granted bail. In the light of the factual matrix of the case, custodial interrogation of the applicant is not necessary.

:: O R D E R ::

(i) Anticipatory Bail Application No.1027 of 2021, is allowed;

(ii) Interim order dated 7th May, 2021, is confrmed; (iii) In the event of arrest of the applicant in connection with C.R.No.65 of 2021, registered with Kapurbavdi police station, Thane, the applicant 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;

rpa 4/4 21 aba 1027 2021.doc (iv) The applicant shall attend the concerned police station, as and when called and shall cooperate with the investigation;

(v) Anticipatory Bail Application No.1027 of 2021, stands disposed of.

(PRAKASH D. NAIK, J.)