Haresh Motiram Aswani v. The State Of Maharashtra

Prodn-1-ABA-538-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.538 OF 2015 Mr. Haresh Motiram Aswani ....Applicant.

Versus

The State of Maharashtra

...Respondent.

Mr. Shirish Gupte, Sr. Adv. i/by Mr.Rompal Singh Kohli, advocates for the Applicant.

Mr. Arfan Sait, APP for the respondent-State. Mr. Pawan Mali, advocate for the original complainant, Tulji N. Lakhani. CORAM : MRS. MRIDULA BHATKAR, J.

DATED : April 16, 2015.

P.C.:

NOT ON BOARD. UPON PRODUCTION TAKEN ON BOARD. Application is moved for interim protection as the learned Sessions Judge has rejected the prayer of interim protection and have issued notice and the matter is made returnable on 22.4.2015. The learned senior counsel for the applicant-accused has submitted that the applicant-accused is facing charges under Sections 465,467, 468 and 471 of the IPC. The applicant-accused is elected as ex-director of Seva Vikas Co-operative Bank, Pimpri. He enjoyed two terms of five years from 1996-2007. He has also worked as chairman of the said bank. A minimum qualification for director of the said bank is graduation from the Shivgan 1/2

Prodn-1-ABA-538-15 recognized university. Now it is alleged that the applicant-accused has obtained a forged provisional graduation certificate of Periyar University, State of Tamil Nadu. He submits that the applicant-accused is to be granted interim bail as he is not going to abscond. The learned prosecutor opposed the application and submitted that the notice for final hearing is made returnable on 22.4.2015 before the learned Sessions Judge, Pune.

Considering the charges and submissions at this stage, anticipatory bail is granted on following terms and conditions: i) In the event of arrest, the applicant/accused shall be released on bail upon furnishing P.R. Bond in the sum of Rs.15,000/-, with one or two sureties in the like amount;

ii) Applicant-accused to attend concerned police station on Monday, 20th April, 2015 between 4 to 6 pm.

It is to be noted that this Court has not observed anything and the learned trial Judge to consider final application on merits independently.

Application is disposed of.

Parties to act on an authenticated copy of this order. (MRS.MRIDULA BHATKAR, J.) Shivgan 2/2