Namdeo Mersngh Chavan And ANR. v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION DHANAPPA ERAPPA KOSHTI ANTICIPATORY BAIL APPLICATION NO. 1470 OF 2021 DHANAPPA ERAPPA KOSHTI Date: 2022.01.07 17:39:21 +0530 Namdeo Mersngh Chavan & Anr.

... Applicants Vs The State of Maharashtra ... Respondent Mr Anil Lulla a/w Ms Sanjana R. Prajapati for the Applicant Mr. Y.Y.Dabke APP for the Respondent.

CORAM : C.V.BHADANG, J.

DATE : 7th JANUARY, 2022 (THROUGH VIDEO CONFERENCING) P.C. :

The applicants apprehending their arrest in Crime No. 92 of 2019 with P.S. Malegaon under Section under Sections 467, 468, 471, 465, 420, 120-B of the Indian Penal Code, are seeking anticipatory bail.

2.

I have heard the learned advocate for the Applicants and learned APP.

3.

Learned APP submitted that, at present he has no 1/3

further instructions as the Investigation OfÏcer is not present. 4.

However, the record shows that on 5th July, 2021 this Court had granted interim protection to the applicants after noticing the fact that the alleged incident of forging the Appointment Order from the Sales Tax Department is of the year 2015. F.I.R. came to be registered in 2019 on the basis of an order passed by the learned Magistrate under Section 156(3) of the Code of Criminal Procedure. The investigation is stated to be in progress from 2019, that is for near about 3 years. This Court while granting the interim protection has prima facie found that there is no need for custodial interrogation and applicants would be put to condition of attendance which has subsequently been relaxed and the applicants are directed to attend the Police Station as and when called by the Investigation OfÏcer. 5.

Considering overall circumstances, I find that the interim order deserves to be confirmed.

6.

Hence, the application is disposed of in terms of order 2/3

dated 5th July, 2021 subject to the condition that the applicants shall attend Investigation Agency and shall co-operate with the investigation as and when required and shall not tamper with the evidence/ witnesses.

7.

The application is disposed of accordingly.

( C. V. BHADANG, J. ) 3/3