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Bombay High CourtABA/94/2023application allowed

Sachin Dilip Bansode v. The State Of Maharashtra And Another

2023-04-06Hon'Ble Shri Justice R. G. Avachat2 pages

A.B.A. No.94/2023 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.94 OF 2023 Sachin Dilip Bansode ... APPLICANT

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. M.A. Dond, Advocate for applicant Mr. N.T. Bhagat, A.P.P. for respondent .......

CORAM :

R.G. AVACHAT, J.

DATE : 6th APRIL, 2023 PER COURT :

Heard. The name of the applicant does not figure in the F.I.R. He is said to be an agent in obtaining N.A. permission from the concerned authorities. It is the case of the prosecution that one Pravin Salve had entrusted the work to the present applicant for obtaining N.A. permission. The present applicant had collected necessary papers and moved the proposal to the revenue authorities. The N.A. permission has been accorded. It has been alleged that, the present applicant made statements of certain dead persons and made part of a proposal for N.A. permission. After having realising the same,

A.B.A. No.94/2023 :: 2 ::

the revenue authorities recalled the said order granting N.A. permission. It is informed that the concerned person has challenged the said order in Writ Petition and the High Court has stayed the order. As such, the N.A. permission holds the field. According to learned counsel for the applicant, only one of the statement accompanied the proposal turned out to be of a dead person. It is informed that, similarly placed co-accused has been granted anticipatory bail.

2.

Since the nature of evidence is documentary and thee is no monetary loss suffered by the State, and on civil side the N.A. order granted by the concerned authority on the basis of alleged forged documents has been stayed by this Court on the order granting interim protection is hereby made absolute. The application is allowed.

3.

The applicant shall not tamper with the prosecution evidence and shall appear before the investigating officer as and when required for the purpose of investigation. (R.G. AVACHAT, J.) fmp/-