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Bombay High CourtAPPLN/2315/2015disposed off

Kamal D/O Madhukarrao Patil v. The State Of Maharashtra

2015-06-30Hon'Ble Shri Justice V.M. Deshpande3 pages

G.A.Ghule [P.A.] 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

Criminal Appellate Jurisdiction.

CRIMINAL APPLICATION NO. 2315 OF 2015.

KAMAL D/O MADHUKARRAO PATIL

VERSUS

THE STATE OF MAHARASHTRA Appearance => Mr. S.G. Rudrawar, Advocate for the Applicant. Mrs. S.G. Chincholkar, Additional Public Prosecutor for the State of Maharashtra.

CORAM

:

V.M. Deshpande, J.

DATE :

30th June, 2015.

Per Court :- Present Criminal Application is filed by the Applicant for grant of anticipatory bail, since she is apprehending her arrest in connection with CR No. 34/2015 registered with Police Station, Manwat, Taluka - Manwat, District - Parbhani for the offences punishable under Section/s 420, 471, 467 read with 34 of the Indian Penal Code.

[2] Heard Mr. S.G. Rudrawar, learned counsel for the Applicant and Mrs. S.G. Chincholkar, Additional Public Prosecutor for the State of Maharashtra.

[3] Date of birth of Applicant is found to be 1st September, 1960 in her all service record, duly maintained by the School

2/3 however, according to the prosecution, her date of birth in her service record is shown as 1st April, 1964, therefore, according to the first informant, present Applicant has committed serious crime and for that, prosecution wants custody of the Applicant. [4] Conclusive proof for determination of age is Secondary School Certificate, in which date of birth of present Applicant is shown as 01/09/1960.

[5] No doubt, in the service record, date of birth of present Applicant is mentioned as 01/04/1964 however, it is curable mistake by moving appropriate application before the appropriate authority. [6] Even otherwise, entire documents are in the custody of school, therefore, further custody of present Applicant is not at all essential, for the further investigation of the crime. That leads me to pass the following order :-

ORDER

(i) Criminal Application is allowed.

(ii) Applicant - KAMAL D/O MADHUKARRAO PATIL RAVI S/O NARAYAN GENTEWAR shall be released on anticipatory bail on she executing P.R. Bond of Rs. 5,000/- [Rs. Five Thousand] with one solvent surety in the like amount, in connection with CR No. 34/2015 registered with Police Station, Manwat, Taluka - Manwat, District -

3/3 Parbhani for the offences punishable under Section/s 420, 471, 467 read with 34 of the Indian Penal Code. (iii) With this Criminal Application is allowed and same is disposed of, accordingly.

(V.M. DESHPANDE, J.)