Shivram @ Shiva Rambhajan Bind v. The State Of Maharashtra

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2960 OF 2017 Shivram alias Shiva Rambhajan Bind .Applicant Vs.

The State of Maharashtra .Respondent Mr. S. Mishra, Advocate, for the Applicant Ms Pallavi Dabholkar, APP, for the Respondent - State

CORAM

:

REVATI MOHITE DERE, J.

DATE :

04.04.2018 P.C.

.

Heard learned counsel for the parties.

2.

By this Application, the Applicant seeks his enlargement on bail in connection with C. R. No. 46 of 2017 registered with the Shantinagar Police Station, Thane, for the alleged offences punishable under Sections 420, 467, 471 r/w 34 of the Indian Penal Code. 3.

Perused the charge-sheet. According to the prosecution, a complaint was lodged as against co-accused - Siddharth Bansode, as it was found that Siddharth Bansode had given bogus surety. The documents given by the surety - Siddharth Bansode have been seized

and he was arrested. It is alleged by the prosecution, that Siddharth Bansode had submitted bogus documents while standing as surety in the Bhiwandi Court. During investigation, the Applicant was arrested and xerox copy of the Ration Card and Assessment receipt were seized from the Applicant's house. The statements of the concerned Tahsildar or Revenue officer have not been recorded to show that the said documents were not issued by the concerned office. Co-accused - Siddharth Bansode has been enlarged on bail by the trial Court. The Applicant is in custody since 13.09.2017. Investigation is complete and charge-sheet is filed.

4.

Considering the aforesaid, the Application is allowed and the Applicant is enlarged on bail on the following terms & conditions :-

O R D E R

(i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs. 50,000/- with one or two local solvent sureties in the like amount;

(ii) The Applicant shall report to the investigating officer of the concerned police station on the first Sunday of every month between 10:00 a. m. and 11.00 a. m. till the conclusion of the trial; (iii) The Applicant shall not tamper with the evidence or

attempt to influence or contact the complainant, witnesses or any person concerned with the case;

(iv) The Applicant shall not leave the jurisdiction of Mumbai & Thane City without prior permission of the trial Court; (v) The Applicant to cooperate with the conduct of the trial; (vi) The Applicant shall file an undertaking with regard to clauses (ii) to (v), in the trial Court, within two weeks of his release; (vii) If there are 2 consecutive defaults in either reporting to the police station or appearing before the trial Court, the prosecution will be at liberty to apply for cancellation of Applicant's bail. 5.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

All concerned to act on the authenticated copy of this order. (REVATI MOHITE DERE, J.)