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Bombay High CourtABA/1751/2019disposed off

Mansukh Chouhan v. The State Of Maharashtra And ANR

2021-08-07Hon'Ble Shri Justice Nitin W. Sambre3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1751 OF 2019 Mr. Mansukh Chouhan ....

Applicant Vs.

The State of Maharashtra & Ors.

....

Respondents None for Applicants.

Mr. A.R. Patil, APP for State of Maharashtra. Coram : NITIN W. SAMBRE, J.

Date : 7th AUGUST 2021 P.C.:

1.

By this application, the applicant is seeking pre-arrest bail in connection with Crime No.139 of 2019, registered with MIDC Police Station, Mumbai, for the offences punishable under Sections 452, 465, 466, 468, 471, 504 and 506 read with 34 of the Indian Penal Code. 2.

The allegations are, the applicants have forged the signature of the complainant, obtained N.O.C. and PAN Card in her name so as to change the name of holder of electricity Meter.

2/3 3.

Co-accused Shamina and others are already granted prearrest bail on 3rd August, 2021 in ABA No.1358 of 2019 as it was informed by the learned APP on instructions from the Investigating Officer that the documents are already seized. As far as involvement of the present applicant is concerned, if not already obtained, he shall give his handwriting specimen to the Investigating Officer as and when directed.

4.

The applicant is on ad-interim protection since 9th August, 2019 i.e. almost for last two years.

5.

In the aforesaid backdrop, it could be inferred that almost the investigation is completed and custodial interrogation of the applicants is not called for particularly in view of seizure of documents so also collection of specimen of handwriting. As such, the protection dated 9th August, 2019 stands confirmed. Hence, the following order :

O R D E R

i) The application is allowed.

3/3 ii) In the event of arrest in Crime No.139 of 2019, registered with MIDC Police Station, Mumbai, for the offences punishable under Sections 452, 465, 468, 471, 504 and 509 read with 34 of the Indian Penal Code, the applicant be released on bail on his executing P.R. bond of Rs.25,000/- with one or two sureties in the like amount; iii) The applicant shall attend the Investigating Officer as and when directed;

iv) The applicant shall not influence the prosecution witnesses or tamper with the evidence.

( NITIN W. SAMBRE, J. )