Sachin S/O Sadashiv Surve v. The State Of Maharashtra

jsn ABA No.1815_2015

IN THE HIGH COURT OF JUDICATURE, AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1815 OF 2015 Mr. Sachin S/o. Sadashiv Surve ...

Applicant Vs.

The State of Maharashtra ...

Respondent P B Birajdar, Adv. i/b. Mr. Mateen A R Shaikh, Adv. for applicant. Mrs. G P Mulekar, APP for State.

CORAM : SMT ANUJA PRABHUDESSAI, J.

DATE : 30 th November, 2015.

P.C. :

1.

This is an application for anticipatory bail filed by the aforesaid applicant apprehending his arrest in Crime No.129 of 2015 registered at Chatushringi Police Station, for the offences punishable under Section 420, 468, 471, 409 r/w.34 of the IPC. 2.

Heard the learned counsel Mr. Birajdar for the applicant and the learned APP for the State. I have perused the FIR and considered the submissions advanced by the learned counsel for the respective parties.

3.

The records prima facie reveal that the complaint dated 15th April, 2015 relates to the offences which was allegedly committed between the period from 7th September, 2011 to 4th October, 2011. The allegations in the FIR are that the applicant along with coaccused prepared false documents for the benefit of 10 persons and thereby cheated Savitribai Phule University. The records reveal that the committee was constituted on 28th November, 2013 and said

jsn ABA No.1815_2015 committee had submitted report in March, 2015. The complaint was lodged more than a month after the said report. There is considerable delay in filing the complaint. Moreover the co-accused has already been granted anticipatory bail. Considering the above facts and the nature of the allegations, presence of the Applicants is not required for custodial interrogation. The Applicants are the permanent residents of Pune and there are no chances of their absconding or fleeing away from justice.

4.

Under the circumstances and in view of the discussion supra, the application is allowed on following terms:

1. In the event of arrest of the applicant in Crime No.129 of 2015 registered at Chatushringi Police Station, for the offences punishable under Section 420, 468, 471, 409 r/w.34 of the IPC the Applicant be released on bail bond of Rs.15,000/( Rupees Fifteen Thousand Only) each with one or two sureties in the like amount to the satisfaction of the learned Judicial Magistrate, First Class, Chatushringi, Pune.

2. The applicant shall report to the investigating officer for 7 days and further as and when required by the investigating officer for the purpose of the interrogation.

( ANUJA PRABHUDESSAI, J. )