Jaysingh Mohansingh Pardeshi And ORS v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 1334 OF 2015 Jaysingh M. Pardeshi & Ors.

..Applicant v/s.

The State of Maharashtra & Anr.

..Respondents Mr. Tejesh Dande h/f. Tejesh Dande & Associates for the Applicant Mr. Satyavrat Joshi for the Respondent No.1.

Mr. Rajesh More, APP for the Respondent/State. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : NOVEMBER 18, 2015.

P.C.

1.

This is an application for anticipatory bail filed by the aforesaid applicant who has been arrayed as an accused in C.R.No.153 of 2015, registered by Chakan Police Station, Pune under Section 420, 465, 471, 120B of IPC.

2.

Heard the learned Counsel for the applicant, the learned APP for the State and the learned Counsel for the respondent no.2. 3.

The respondent no.2 herein had lodged a complaint against

the applicant alleging that the applicant herein had forged the signature of his deceased uncle on the application dated 30.5.2012. Based on the said application, the property was surveyed. The learned Counsel for the applicant has submitted that the said application was not signed by him and his signatureon the said application, is itself a forged signature.

4.

It may be mentioned that the receipt at Exh. 133 reveals that one Rajendra Walunj had paid the fees in respect of the survey measurement. The question whether the said application was signed by the applicant or by any employee of the developer cannot be ascertained at this stage and the same can be done only by obtaining the specimen signature of the applicant and forwarding the same for expert opinion. It is stated that the specimen signature of the applicant has already been taken and his statement is already recorded and hence his presence is no longer required for the purpose of investigation.

5.

The nature of the allegations leveled against the applicant, in

my considered view, does not warrant custodial interrogation. The applicant is a native of Datta Nagar, Dighi, Pune and there are no chances of the applicant absconding. Hence the application for anticipatory bail is allowed on the following terms and conditions. i) In the event of arrest of the applicant in C.R.No. 153 of 2015 of Chakan Police Station, Pune, the applicant be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twentyfive Thousand Only) with one solvent surety in the like amount to the satisfaction of the learned JMFC, Khed.

ii) The applicant shall report to the police station as and when required by the Investigating Officer.

Iii) The applicant shall not leave the jurisdiction of JMFC, Khed till filing of the chargesheet.

(ANUJA PRABHUDESSAI, J.)