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Bombay High CourtABA/1321/2015anticipatory bail rejected

Bhagwan Maruti Nisal v. The State Of Maharashtra

2015-12-08Hon'Ble Shri Justice A.S. Gadkari2 pages

ASN 1/2 ABA-1321-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1321 OF 2015 Bhagwan Maruti Nisal.

....Applicant.

vs.

The State of Maharashtra.

....Respondent.

Mr.M.P.Dalvi for the Applicant.

Ms.S.S.Kaushik, A.P.P. for the State.

.....

CORAM : A.S. GADKARI, J.

DATE : 8th December 2015 P.C. :

The applicant is seeking pre arrest bail in CR No.I115/2015 registered with Vasai Police Station, Palghar under section-420, 465, 467,468,471 of the I.P.C.

2) Mr. Keshav Ramrao Tarange, Resident Tahsildar, Palghar has registered the FIR dated 20.8.2015 precisely alleging that the present applicant who was working as Talathi of Village Kaular Taluka Vasai forged the signatures of the Tahsildar for effecting certain mutation entries in the revenue records. The complainant noted the said fact and therefore, an enquiry was conducted by the revenue department. In pursuance of the said enquiry the present crime is registered.

3) Heard the learned counsel for the applicant at length. The learned counsel for the applicant submitted that the

ASN 2/2 ABA-1321-15 applicant being the Talathi has followed the entire procedure for effecting the mutation entries mentioned in the FIR. He further submitted that the alleged signatures of the Tahsildar differs at places from the original one and it cannot be said that the applicant was instrumental in forging the said signatures. 4) A plain reading of the FIR discloses that the applicant who is a Government servant has indulged into nefarious activities by forging the signatures of his superior officer for his benefits. The applicant who was expected to maintain the record of the Government as per the Rules, has himself indulged in forging the signatures of the Tahsildar in the revenue records. In my opinion, this being a very serious offence, no sympathy can be shown to the applicant.

It is however, to be noted here that, unless and until the applicant is interrogated by the police into custody, the entire truth behind the crime and the role of any other accused persons in this crime cannot be traced. In view of the above, the application is without any merits and the same is rejected.

(A.S. GADKARI, J.)