Venkat Kabir Kambale v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 1896 OF 2015 Venkat Kabir Kambale ..Applicant v/s.

The State of Maharashtra.

..Respondents Mr. Balwant Salunkhe i/b. Subhash Hulyalkar for the Applicant Mr. Y.M.Nakhawa, APP for the Respondent-State. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : DECEMBER 21, 2015.

P.C.

1.

This is an application for anticipatory bail filed by the applicant apprehending his arrest in Crime No.241 of 2014 registered with Vadgaon Maval Police Station for the offences punishable under Section 464, 468, 471, 474, 420 r/w. 34 of the Indian Penal Code. 2.

The allegations against the applicant in brief are that he had helped the co-accused Lakhan in obtaining the false and fabricated solvency certificate and that the said co-accused had produced the said certificate before the court.

3.

Shri Salunkhe, the learned Counsel for the applicant has submitted that the material on record does not prima facie prove the involvement of the applicant. Whereas, the learned APP submitted that the applicant is residing in the same village as that of the accused and that the accused is involved in committing the said crime.

4.

I have perused the record and considered the submissions advanced by the learned Counsel for the applicant and the learned APP for the State.

5.

The records prima facie reveal that Mr.Lakhan had submitted the false solvency certificate before the JMFC, Vadgaon Maval. The statement of the Tahsildar, prima facie reveals that the said certificate is fabricated. The case of the prosecution is that the applicant is involved in preparing the said certificate. However, at this stage, apart from the statement of the co-accused, there is no other prima facie material to show the involvement of the applicant in committing the said crime. Under the circumstances, the applicant is entitled for bail. Hence, the application is allowed on the following terms and conditions:

i) In the event of arrest of the applicant in Crime No.241 of 2014 registered with Vadgaon Maval Police Station, the applicant be released on bail on furnishing bail bond of Rs.40,000/- each ( Rupees Forty Thousand Only)each with two solvent sureties to the like amount to the satisfaction of the learned JMFC, Vadgaon, Maval.

ii) The applicant shall report to the Investigating Officer for seven days between 10 a.m. to 2 pm. and further as when required by the Investigating Officer for the purpose of investigation and interrogation.

iii) The applicant shall not leave Latur District without the pior permission of the JMFC, Vadgaon, Maval.

iv) The applicant shall furnish his permanent as well as temporary address, as well as his contact numbers to the Investigating Officer. The Investigating Officer shall verify the said address before the applicant is released on bail.

(ANUJA PRABHUDESSAI, J.)