Baharangbali Gulabchand Shah And ANR v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1602 OF 2019 Bajarangbali Gulabchand Shah and Anr.

...Applicants

Versus

State of Maharashtra

...Respondent

Mr.Girish Agrawal, i/b Mr.Mangesh Patel, for the Applicants. Mr.S.S.Hulke, A.P.P for the Respondent - State. PSI - Srikant Koli, Talasari Police Station, Palghar. CORAM : REVATI MOHITE DERE, J.

DATE : 22nd JULY, 2019 P.C. :

1.

Heard learned counsel for the parties.

2.

By this application, the applicants seek pre-arrest bail in connection with C.R.No.I-86 of 2019 registered with the Talasari Police Station, Palghar, for the alleged offences punishable under Sections 420, 466, 467, 468, 471, 472, 474 and 476 of the Indian Penal Code.

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Perused the papers. It is alleged by the complainant- Ganpat Gavali, the then Gramvikas Adhikhari of Udhawa Gram Panchayat that the document, which is on page 48 of the application for granting no objection for converting the agricultural land to N.A. Land, as well as the rubber stamp of the Block Development Officer and the Sarpanch were forged by the applicants. It appears that the Sarpanch, who has allegedly signed the said document on 30th May, 2016, was infact removed in March 2016 itself. It also appears that the signatures of the Block Development Officer were also forged by the applicants. It also appears that the record of the Gram Panchayat dated 26th May, 2016 i.e. Resolution No.8, does not show that any such Resolution, having been passed. The applicants are the beneficiaries of the said document, which is on page 48 of the application. 4.

Considering the forging and fabrication of the documents i.e. affixing forged signatures on the said documents, as well as stamps, custodial interrogation of the applicants is warranted. Hence, this is not a fit case to grant pre-arrest bail to the applicants. Accordingly, the Application for pre-arrest bail is rejected and disposed of as such.

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It is made clear that the observations made herein are prima facie for deciding the aforesaid application and if an application for regular bail is filed, the same shall be considered on its own merits, uninfluenced by the observations made in this order.

REVATI MOHITE DERE, J.