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Bombay High CourtABA/3128/2023disposed off

Sheela Makarand Patankar v. The State Of Maharashtra

2023-12-18Hon'Ble Shri Justice N. J. Jamadar2 pages

95-ABA3128-2023.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3128 OF 2023 SANTOSH SUBHASH KULKARNI Sheela Makarand Patankar ...Applicant

Versus

The State of Maharashtra

...Respondent

SANTOSH SUBHASH KULKARNI Date: 2023.12.21 10:23:21 +0530 Mr. P. D. Dalvi, for the Applicant.

Mr. S. H. Yadav, APP for the State/Respondent. API Jadhav, Badlapur (E) Police Station, present. HC Pawar, Badlapur (E) Police Station, present.

CORAM:

N. J. JAMADAR, J.

DATED:

18th DECEMBER, 2023 PC:- 1.

Heard the learned Counsel for the applicant and the learned APP for the State.

2.

This is an application for pre-arrest bail in connection with CR No.276 of 2023, registered with Badlapur Police Station, for the offences punishable under Sections 420, 465, 468 and 471 of Indian Penal Code, 1860 ("the Penal Code"). 3.

By an order dated 4th November, 2023 this Court granted interim bail observing inter alia as under: "5.

The learned Counsel for the applicant submitted that the applicant had entrusted the work of submitting the tender to a consultant. The applicant had not forged the experience certificate. Attention of the Court was invited to the certificate issued by Thane Municipal Corporation on 21st July, 2018 and Kulgaon - Badlapur Municipal Council, on 14th June, 2023, whereby the Chief Officer, Kulgaon - Badlapur Municipal Council, has 1/2

95-ABA3128-2023.DOC certified that the work rendered by M/s. Shubham Mahila Vikas Mandal, Thane, was satisfactory. 6.

The question as to whether the applicant was the author of the alleged forgery of experience certificate warrants investigation. Applicant is a woman. As the allegedly forged document is in the custody of the Municipal Council, it may be expedient to grant interim protection while directing the applicant to join in the investigation."

4.

Mr. Dalvi, the learned Counsel for the applicant, submits that pursuant to the aforesaid order the applicant appeared before the Investigating Officer and cooperated in the investigation.

5.

Mr. Yadav, the learned APP, on instructions of the Investigating Officer, who is present in the Court confirms the said fact.

6.

For the reasons which weighted with this Court and the fact that the applicant has cooperated with the investigation, the order of interim bail deserves to be made absolute. 7.

The order of interim bail dated 4th November, 2023 is made absolute.

8.

The applicant shall appear before the Investigating Officer as and when directed till filing of the charge-sheet. 9.

The applicant shall regularly appear before the jurisdictional court.

Application stands disposed.

[N. J. JAMADAR, J.] 2/2