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Bombay High CourtABA/491/2022application allowed

Rajendra Rohidas Rathod v. The State Of Maharashtra

2022-06-17Hon'Ble Shri Justice S. G. Mehare3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.491 OF 2022 RAJENDRA ROHIDAS RATHOD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Chalak Amol B.

APP for Respondent-State : Mr. V. M. Kagne.

...

CORAM : S. G. MEHARE, J.

DATE : 17.06.2022 PER COURT :- 1.

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

2.

The learned counsel for the applicant would submit that the Sports Club had issued number of sports certifcate and the recipients of the sports certifcate were appointed at different places. However, after cancelling the sport certifcate, FIR is lodged against many recipients of the said certifcates. The applicant has also been terminated since the sports certifcate which he had relied upon for securing the job was found invalid. The applicant has no role to play and nothing is to be recovered and discovered from him. He

is the permanent resident of District Buldhana. He relied on the various previous orders passed by this Court in this crime granting anticipatory bail to the other co-accused. Hence he sought the parity. 3.

Learned APP fairly conceded that in various bail applications, the co-accused have been released on anticipatory bail. The case of the applicant is also similarly situated.

4.

Perused the copies of the various orders granting anticipatory bail by this Court to various co-accused. In the earlier orders, it has been observed that the accused were agreed to submit their original certifcates. In this case, the applicant has a specifc stand that the original sports certifcate was submitted with the employer at the time of securing the job. The alleged sports certifcate which is questioned by the Government is already submitted with the employer, therefore, no recovery of the said certifcate from the applicant is required. In the light of the facts of the case and considering the earlier bail orders, the application deserve to be allowed. Hence, the following order :

O R D E R

(i) The application is allowed.

(ii) In the event of arrest of the applicant Rajendra Rohidas Rathod, in connection with Crime No. 292 of 2020, registered with Police Station Jawahar Nagar, District Aurangabad, for the offences punishable under Sections 420, 465, 467, 468 and 471 of IPC, be released on bail on executing P.B. and S.B. of Rs.45,000/- (Rupees Forty Five Thousand only) with one solvent surety of the like amount, on the condition that he shall appear before the Investigating Offcer as and when called on written notice.

(iii) Humdast allowed.

(S. G. MEHARE, J.) ...

vmk/-