Ram Prem Sharma v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.1536 OF 2016 Ram Prem Sharma .... Applicant V/s.

The State of Maharashtra .... Respondent Ms. Anjali Patil, for the Applicant.

Mr. S.S. Pednekar, APP for the Respondent State. CORAM : A. M. BADAR, J.

DATE : 2nd AUGUST, 2016.

P.C. :

1.

The applicant/accused, in crime No.99 of 2016, registered with Lashkar Police Station, Pune, for the offences punishable under Sections 420, 467, 468, 471, 472 read with Section 34 of the Indian Penal Code, at the instance of informant Assistant Manager of Central Bank of India, by this application, is praying for releasing him on bail. 2.

Heard the learned counsel, appearing for the applicant/accused. He argued that the F.I.R. itself shows that an account was opened in the name of co-accused Bharat Sadram Vishnoi. According to the learned counsel for the applicant, the alleged forged bill of entry was submitted to the bank by said Bharat Vishnoi and the present 1/3

applicant has no concern with the crime in question. 2.

Heard the learned APP. He opposed the application by contending that the crime in question is serious. 3.

Perused the papers of investigation produced by the learned APP. Papers of investigation reveals that current account with Central Bank of India came to be opened in the name of Classic Enterprises. Account Opening form shows that the said firm is the sole proprietary firm. The name of the Proprietor is shown as Bharat Sadaram Vishnoi. 4.

The F.I.R. lodged by the Assistant Manager of the said bank shows that said Bharat Vishnoi had submitted bill of entry with the banker. Ultimately the banker found that the said bill of entry is forged document. The role attributed to the present applicant is that of accompanying said Bharat Vishnoi while opening bank account as well as while submitting bill of entry.

5.

Considering the nature of evidence against the present applicant, his further pre-trial detention is not warranted and therefore, the following order.

Order I) The application is allowed.

II) The applicant arrested in connection with above offence, be released on bail on his executing P.R. Bond in the sum of Rs.1,00,000/- and on his furnishing surety in the like amount. 2/3

III) The applicant to attend Lashkar Police Station, Pune on every 2nd and 4th Saturdays in between 11.00 1.m. and 1.00 p.m., till filing of the chargesheet.

IV) The applicant shall not, directly or indirectly, make any inducement, threat or promise to any persons acquainted with the facts of the case so as to dissuade them from disclosing such facts either to the Court or to any police officer. V) The applicant shall attend the trial scrupulously and shall co-operate the trial Court in expeditious disposal of the case.

VI) The applicant shall not tamper with the prosecution evidence in any manner.

[A. M. BADAR, J.] 3/3