Rajendra Singh Shankarsing Pardeshi v. The State Of Maharashtra

aba.1064-2017.doc Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1064 OF 2017 Rajendra Singh Shankarsing Pardeshi ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mr. Manoj Badgujar for applicant.

Ms. A.A. Takalkar, APP for State.

CORAM : A.S.GADKARI, J.

DATE : 10th JANUARY 2018.

P.C.:

1] By a reasoned Order dated 22nd June 2017 the applicant was granted interim relief with a direction to attend the Investigating Officer on stipulated dates and to join the process of investigation. 2] Heard the learned Counsel for the applicant and the learned APP. Perused the record of investigation.

3] It is the allegation against the applicant that, at the instance of principal accused Ramchandra Ubale, the applicant being a Special Executive Officer issued a Character Certificate in favour of Ms. Pornima Shyam Ubale of villege Kinvali, Shapur. It is alleged that at the time of issuance of the said character certificate dated 21.5.2017 in favour of Miss Pornima Shyam Ubale, Miss Jyotsna Madhukar Ubale impersonated Miss. 1/2

aba.1064-2017.doc Pornima and the photograph of Miss Jytosna is affixed on the said character certificate. After perusing the record, it appears that the principal accused Ramchandra Ubale requested the applicant to issue the said certificate, as the applicant was then Special Executive Officer and the said Ramchandra Ubale represented to the applicant that Miss Jyotsna Madhukar Ubale is in fact Miss Pornima Shyam Ubale. Prima facie it appears that, it is at the instance of Ramchandra Ubale who represented to the applicant and identified Miss Jyotsna Ubale as Miss Pornima Ubale, the applicant has issued the said certificate. The record further indicates that Ramchandra Ubale and other accused persons in the present crime were arrested by the police and have now been released on regular bail.

4] After taking into consideration the record of investigation, this Court is of the view that the custodial interrogation of the applicant for further investigation of the present crime is not necessary. In view thereof, interim relief granted by an Order dated 22nd June 2017 is confirmed. However, the condition to attend the Investigating Officer is hereby waived.

5] Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 2/2