Yuvraj Shantilal Shah And ANR v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1058 OF 2015

1. Yuvraj Shantilal Shah

2. Ooday Rawal ...Applicants

Versus

1)The State of Maharashtra

...Respondent

.....

Mr. Rohan Nahar i/b. Mr. Kuldeep U. Nikam for the Applicants.

Mr. S.S. Pednekar, APP for Respondent - State. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 23rd NOVEMBER, 2015.

P. C. :

This is an application for anticipatory bail filed by the aforesaid Applicants apprehending their arrest in Crime No.60 of 2015 registered at Swargate police station, Pune, for the offences punishable under sections 419, 467, 468 and 471 r/w. section 34 of the IPC. 2.

Heard the learned counsel for the Applicants and the learned APP for the State.

3.

I have perused the FIR and considered the submissions advanced by the learned counsel for the respective parties. 1/3

4.

The records prima facie reveal that one Ravindra Laxman Bahate had lodged a complaint alleging that the Applicant No.1 herein was the chairman and the Applicant No.2 was the Secretary of the Adinath Sahakari Graharachana Sanstha, Maryadit, Pune, registered under Societies Act, 1960. The complainant had lodged the FIR alleging that the Applicants herein had made fraudulent entries in share certificates and also fabricated and tampered the original Iregister. They had made forged entries in I-register and used the letterheads of the society, stamps, etc and misused funds of the society of crores of rupees by violating rules, etc.

5.

The complaint does not disclose the date of the incident. Prima facie allegations appear to be vague. All the records of the society are already attached under panchanama. Considering the above facts and the nature of the allegations, presence of the Applicants is not required for custodial interrogation. The Applicants are the permanent residents of Pune and there are no chances of their absconding or fleeing away from justice. There are no criminal antecedents against the Applicants.

2/3

6.

Under the circumstances and in view of the discussion supra, the application is allowed on following terms: (i) In the event of arrest of the Applicants in C.R. No.60 of 2015 registered at Swargate Police Station, Dist. Pune, the Applicants be released on bail bond of Rs.15,000/- (Rupees Fifteen Thousand Only) each with one or two sureties in the like amount to the satisfaction of the learned Judicial Magistrate, First Class, Pune.

(ii) The Applicants shall report to the Investigating Officer from 10. a.m. to 1 p.m. for four days and further as and when required by the Investigating Officer for the purpose of the interrogation.

(ANUJA PRABHUDESSAI, J.) 3/3