Chhailsingh Shivsingh Jaitawat v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.2230 OF 2017 Mr. Chhailsingh Shivsingh Jaitawat ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Smt. Pranali Kakade for the Applicant.

Mr. R.D. Suryawanshi for the Intervener.

Mr. Ameet Palkar, APP for the Respondent - State. ---- CORAM : A.S.GADKARI, J.

DATE : 13th DECEMBER 2017 P.C.:

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This is an application under Section 439 of Cr.P.C. for bail in C.R. No.220 of 2017 registered with Navghar Police Station, Dist. Thane under Sections 420, 465, 467, 468 & 471 of the Indian Penal Code. 2.

It is the case of the prosecution that, the applicant, his wife Jyotikaval Jaitawat and the first informant, namely, Yogesh Rawal were the Partners of M/s. Mahalaxmi Enterprises. It is the allegation that, in a civil 1/3

proceeding filed by the first informant, the applicant produced a forged and fabricated receipt signed by the first informant dated 15.12.2015. The said receipt mentions that the first informant has received a sum of Rs.50 Lacs by way of two different cheques out of the total consideration of Rs.1,38,75,000/- only. During the course of investigation, the applicant came to be arrested on 01.06.2017 and after completion of investigation, police have submitted charge-sheet.

3.

Heard the learned Counsel for the applicant, the learned Counsel for the intervener/first informant and the learned APP. Perused the chargesheet. 4.

The record indicates that apart from the allegation that the applicant has manufactured the said receipt dated 15.12.2015 by forging the signature of the first informant Yogesh Raval and produced it in a civil litigation, no other allegation is made against the applicant. The police have already completed the investigation and submitted the charge-sheet. The applicant is in jail since 01.06.2017. No fruitful purpose will be served by further incarceration of the applicant.

5.

In view thereof, the applicant can be released on bail. 2/3

Hence, the following Order :

(i) The applicant be released on bail in C.R.No.220 of 2017 registered with Navghar Police Station, Dist. Thane, on his furnishing PR Bond in the sum of Rs.25,000/- with one or two solvent local sureties in the like amount.

(ii) After his release from the jail, the applicant shall attend the concerned Police Station on every 1st Monday between 10.00 a.m. to 12.00 noon till conclusion of trial.

(iii) Applicant shall also attend all dates before the Trial Court. (iv) Applicant shall not tamper with the evidence and/or influence the prosecution witnesses.

6.

Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) 3/3