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Bombay High CourtABA/1901/2022allowed

Swati Bhaskar Patil v. The State Of Maharashtra

2022-09-21Hon'Ble Shri Justice Nitin W. Sambre2 pages

35 ABA-1901.doc BDP-SPS-TAC BHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT Date: 2022.09.26 12:50:02 +0530 CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1901 OF 2022 Swati Bhaskar Patil .... Applicant.

V/s The State of Maharashtra .... Respondent.

Mr. Aniket Nikam i/b Amit Icham for the Applicant. Ms. Sharmila S. Kaushik, APP for the Respondent/State. API, Mr. Sajid Mansuri, Mumbai Naka Police Station, Nashik City, present.

CORAM: NITIN W. SAMBRE, J.

DATE: SEPTEMBER 21, 2022 P.C.:- 1] Applicant is seeking pre-arrest bail in C.R. No.184 of 2022 registered with Mumbai Naka Police Station for the offences punishable under Sections 420, 465, 467, 468, 471 read with Section 34 of the Indian Penal Code.

2] Prosecution case is, by impersonating, Sale Deed is executed in relation to immovable property in favour of real sister of the Applicant who was arrested and interrogated. Role attributed to the Applicant who is a lawyer by profession is, using co-accused Advocate Munjal Joshi for title verification and also for finding out forged PAN Card and Aadhar Card.

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35 ABA-1901.doc 3] I have appreciated submissions made by learned APP. 4] Sister of the Applicant who is co-accused and in whose favour Sale Deed was executed was already arrested and subjected to custodial interrogation. In this backdrop, if we appreciate the nature of evidence available on record, public notice was issued in the newspaper in relation to the property which was purchased by the sister of the Applicant citing name of one Munjal Joshi. For the said purpose custodial interrogation of the Applicant is not required so also for recovery of PAN Card and Aadhar Card of the person who is impersonated. That being so ad-interim protection stands confirmed. 5] Applicant in the event of her arrest in C.R. No.

184 of 2022 registered with Mumbai Naka Police Station, District Nashik for the offence punishable under Sections 420, 465, 467, 468, 471 read with Section 34 of the Indian Penal Code, be released on bail on executing P.R. Bond of Rs 15000/- with one or more sureties in the like amount. Applicant shall neither influence the witnesses in any manner nor tamper with the evidence. Applicant shall attend the Investigating Officer of the concerned Police Station from 26th September, 2022 to 30th September, 2022 between 10.00 A.M. and 12.00 Noon and thereafter as and when directed by the Investigating Officer. 6] Application is disposed of.

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