Anil Shankarrao Badadare v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.640 OF 2016 Anil Shankkarrao Badadare ..Applicant.

V/s.

State of Maharashtra ..Respondent.

Mr.Rahul Kadu i/b. A.B. Tajane for the applicant. Mr.Deepak Thakery, APP for respondent-State.

CORAM : AM.BADAR, J.

DATED : 10TH JUNE, 2016 P.C. :- 1.

The applicant / accused in Crime No.176/2016 for offences punishable under section 420, 467, 468 and 471 read with 34 of the Indian Penal Code registered at Lonavala police station at the instance of Manekraj Goliya by this application is seeking pre-arrest bail.

2.

Heard the learned counsel for the applicant. Perused the charge-sheet annexed to the application. My attention is drawn to the report under section 169 of the Criminal Procedure Code by the investigation thereby seeking 1/3

discharge of Ajay Suresh Jain, a witness to the alleged forged Will. The learned counsel for the applicant submitted that the case of the applicant is on par with the said Ajay Suresh Jain as the applicant is also one of the witness to the Will. 3.

The learned APP submits that said Jain is a friend of the applicant and he was summoned by the present applicant to act as a witness to the said Will.

4.

Now, investigation is over. The role attributed to the present applicant in the crime in question is acting as a witness to the Will of the informant which is stated to be a forged one. Another witness to the said Will is already released at the instance of the Investigating Officer by resorting to the provisions of section 169 of the Criminal Procedure Code. In this view of the matter, considering the nature of allegations against the present applicant, the liberty of the applicant needs to be protected and hence the order:- (i) The application is allowed;

(ii) Order dated 11th April, 2016 granting ad-interim anticipatory bail is confirmed on the same terms and conditions;

(iii) In addition, the applicant shall attend the Court 2/3

regularly;

(iv) The applicant / accused shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of accusation against applicant so as to dissuade him from disclosing such facts either to the Court or to any police officer and that he shall not tamper with the evidence;

(v) Applicant / accused shall inform his latest place of residence and cell number after his release and continue to inform the change in residence or cell number, if any, from time to time to the Investigating Officer of the concerned police station and on filing the charge-sheet to the concerned Court;

(vi) Applicant / accused shall co-operate for expeditious disposal of the trial;

(vii) Applicant / accused shall not commit an offence similar to the offence of which he is accused or suspected of the commission;

(viii) Applicant / accused shall not leave India without the prior permission of the concerned Court;

(ix) The application is disposed of accordingly.

(A.M.BADAR, J.) 3/3