Manoj Madhukar Bhosale v. The State Of Maharashtra

Sherla V.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.778 OF 2017 Manoj Madhukar Bhosale ... Applicant Vs.

The State of Maharashtra ... Respondent Mr.P.M. Patil for the Applicant CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: JUNE 8, 2017 P.C. :

1.

This is a second Anticipatory Bail Application. The first Anticipatory Bail Application i.e., Anticipatory Bail Application No.151 of 2017 was rejected by this Court vide order dated 30.1.2017. The applicant/accused is facing charges under sections 420, 465, 466, 468, 471 r/w 34 of the Indian Penal Code in C.R. No.94 of 2015 registered with Shivajinagar Police Station, Pune on 21.5.2015.

2.

The learned Counsel for the applicant submitted that though this bail Application was rejected, the son of the applicant/accused, who was a beneficiary of the false school leaving certificate, wherein the date of birth of the school leaving certificate of his son

was forged, was released on bail by this Court two days after the order and, therefore, this be considered as a change of circumstance.

3.

The son of the applicant/accused may be beneficiary of the forged document which was prepared by him. However, the forgery of the fake school leaving certificate is committed by the applicant/accused and the said certificate was produced before the Court and, therefore, it is a serious offence. His first Bail Application was rejected. There is no change of circumstance. Hence, the present Anticipatory Bail Application is rejected. 4.

It is to be noted that since 2015, the police have failed to arrest the applicant/accused. While rejecting the Bail Application on 30.1.2017, this Court had forwarded a copy of the order to the Commissioner of Police, Pune, who was expected to look into the matter. It appears that the Commissioner of Police, Pune has totally failed to take steps pursuant to the order of this Court since last five months.

5.

In view of the above, Registrar (Judicial I) is directed to forward copies of the orders to the Principal Secretary, Home

Department, Mantralaya and also to the Commissioner of Police, Pune and take acknowledgements.

6.

Anticipatory Bail Application is disposed of accordingly. (MRIDULA BHATKAR, J.)