Ganesh Madan Singh Barolia v. State Of Maharashtra And ANR
Digitally signed by PRAJAKTA SAGAR VARTAK Date:
2022.10.07 17:11:27 +0530 PRAJAKTA SAGAR VARTAK 11.aba 1825-22 IA 2925-22 ABA1826-22 IA2923-22.doc PSV
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1825 OF 2022 WITH INTERIM APPLICATION NO. 2925 OF 2022 Manohar Pandurang Patil .. Applicant Vs.
The State of Maharashtra.
.. Respondent WITH ANTICIPATORY BAIL APPLICATION NO. 1826 OF 2022 WITH INTERIM APPLICATION NO. 2923 OF 2022 Vijay Janu Kadam & Ors.
.. Applicant Vs.
The State of Maharashtra.
.. Respondent Mr. Niranjan Mundargi a/w Ms. Keral Mehta i/b Mr. S.S. Redekar for the applicant in both ABAs.
Mr. Rajesh Khobragade for the Intervenor.
Smt.A.A. Takalkar, APP for the State.
API Shri. P.R. Jadhav, N.M. Joshi Marg Police Station. CORAM : BHARATI DANGRE, J.
DATE : OCTOBER 06, 2022.
P.C.:
1.
On 07 July, 2022 the learned APP has made a statement on instructions of the Investigating Officer that he is not desirous of availing custody of the applicant. The applicants were directed to report to the Investigating Officer on the given dates. The learned APP states that the applicants have accordingly reported to the police station. It is also informed that the specimen signatures of the applicants have been obtained.
11.aba 1825-22 IA 2925-22 ABA1826-22 IA2923-22.doc 2.
Since the complaint filed by the complainant relates to the amount in respect of which a dispute was already filed before the Cooperative Court where a decree has been passed against him on 28 February, 2022 and thereafter recourse was taken to the present modality by filing complaint alleging that the signatures were forged, the custodial interrogation is not warranted, when the specimen signatures are already obtained.
3.
In the wake of the above, the order dated 07 July, 2022 deserves to be made absolute subject to the stipulation that the applicants shall continue to render their cooperation to the Investigating Officer and report to him as and when directed.
(SMT. BHARATI DANGRE, J.)