Narayan S/O. Shekanna Annamwar v. The State Of Maharashtra

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1742 OF 2016 Narayan s/o Shekanna Annamwar, Age: 43 years, Occ: Govt. Service, R/o. Mandva, Tq. Kinwat, Dist. Nanded.

..APPLICANT

VERSUS

The State of Maharashtra, Through Police Station Officer, Kinwat Police Station, District Nanded.

..RESPONDENT Mr Ajinkya Kale, Advocate h/f Mr S.B. Talekar, Advocate for applicant;

Mr P.S. Patil, Addl. Public Prosecutor for respondent/State Mr Jiwan J. Patil, Advocate to assist A.P.P.

CORAM : N.W. SAMBRE, J.

DATE : 15th FEBRUARY, 2017 ORAL ORDER :

In Crime No. 20 of 2016, registered with Kinwat Police Station, District Nanded, for offence punishable under Sections 420, 468, 467, 476, 199, 200 of the Indian Penal Code, the applicant is seeking pre-arrest bail.

(2) 2.

It is brought to my notice that claim of present applicant is pending for verification before the Caste Verification Scrutiny Committee. 3.

1939 documents of the applicant depict that he belongs to Mannerwarlu caste, which have more probative value. In view of the fact that the claim is pending before the Committee, it will be appropriate, in my opinion, to order his release. 4.

In the aforesaid background, I propose to pass following order : - In the event of arrest of the applicant, in Crime No. 20 of 2016, registered with Kinwat Police Station, District Nanded, for offence punishable under Sections 420, 468, 467, 476, 199, 200 of the Indian Penal Code, he be released on bail, on furnishing P.R. bond of Rs.15,000/- with one or two sureties in the like amount.

The applicant shall attend the Investigating Officer on 20th and 21st February, 2017 between 10.00 a.m. and 12.00 noon and

(3) thereafter as and when directed.

The applicant shall not influence the prosecution witnesses or tamper with evidence. 5.

The Caste Verification Scrutiny Committee to decide the claim of applicant within period of six months.

6.

If it is found that caste certificate of the applicant is bogus and is required to be proceeded against Section 11 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of Caste Certificate Act, 2000, the applicant can be proceeded against and this protection will operate till then i.e. till decision of Committee. The applicant shall further extend all co-operation with the Investigating Officer in investigating the matter.

(4) 7.

With the above observations, the application stands disposed of.

(N.W. SAMBRE, J.) Tupe