Mohan Damodar Patil 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. 2408 OF 2021 Shri. Mohan Damodar Patil & Anr. ....

Applicants Vs.

The State of Maharashtra ....

Respondent Ms. Vrushali R. Raje for Applicants.

Mrs. Rutuja Ambekar, APP for State.

Coram : NITIN W. SAMBRE, J.

Date : 7TH OCTOBER, 2021 P.C.:

1.

The applicants are seeking pre-arrest bail in Crime No. 139 of 2021, registered with Manor Police Station, Palghar, for the offence punishable under Sections 420, 467, 468, 471 read with 34 of the Indian Penal Code.

2.

As per the prosecution story, the role attributed to the applicant is that of acting as witnesses to a Deed of irrevocable power

2/3 of attorney, got executed on 26th October, 2007 by Rajkumar Pardeshi and Ashish Pardeshi from Jaywant Patil, Chandrakant Patil, Manohar Patil and Raman Patil, who are co-accused.

3.

As far as the status of the applicant as that of witnesses to the aforesaid documents is concerned, said fact is not in dispute. As such the role of the applicant in the crime in question can be inferred to be witnesses for execution of the same and not admitting the contents of the documents.

4.

The applicants are not denying that they are witnesses to the said documents. In that view of the matter and having regard to the fact that the original deed is already surrendered before the Sessions Court, a case for grant of bail is made out. Hence, the application is allowed on following conditions :

O R D E R

i) In the event of arrest in Crime No. 139 of 2021, registered with Manor Police Station, Palghar, for the offence punishable under Sections 420, 467, 468, 471 read with 34 of the Indian Penal Code, the

3/3 applicants be released on bail on their executing P.R. bonds in the sum of Rs.15,000/- each with one or two sureties in the like amount; ii) The applicants are directed to attend the concerned Police Station on 12th, 14th, 20th and 22nd October, 2021 in between 10.00 am. to 12.00 pm. and thereafter as and when directed; iii) The applicants shall not influence the prosecution witnesses or tamper with the evidence.

( NITIN W. SAMBRE, J. )