Sayyad Pasha Sayyad Ali v. The State Of Maharashtra And Another

2024:BHC-AUG:10134 -1- ABA-769-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 769 OF 2024 Sayyad Pasha S/o. Sayyad Ali, Age : 51 years, Occu. : Service, R/o. : Fattepura, Ahmedpur, Tq. Ahmedpur, Dist. Latur.

... Applicant (Orig. Accused)

Versus

1.

The State of Maharashtra Through P. I. Of Police Station, Ahmedpur, Dist. Latur 2.

The Superintendent of Police, Dist. Ahmedpur ... Respondents.

...

Mr. Sachin Panale h/f. Mr. V. P. Latange, Advocate for Applicant. Mrs. Ashlesha S. Deshmukh, APP for Respondents - State. ...

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 08 MAY, 2024 PRONOUNCED ON : 10 MAY, 2024 ORDER :

1.

Apprehending arrest in Crime No. 213 of 2024 registered at Ahmedpur Police Station, Dist Latur for offence punishable under sections 415, 464, 468, 463, 470 and 471 of Indian Penal Code (IPC), applicant has pressed into service instant Anticipatory Bail Application.

2.

Pleading innocence and false implication, learned counsel for applicant pointed out that, there are allegations of

-2- ABA-769-2024 submission of forged and fabricated documents for securing service. He pointed out that, repeatedly allegations and crimes of similar nature are attributed to him. That, there was similar FIR in 2014, but in such proceedings applicant has been granted anticipatory bail by order dated 06.08.2014. According to him, fresh crime is registered in 2024 alleging commission of offence punishable under sections 415, 464, 468, 463, 470 and 471 of IPC. That, his promotion has been withdrawn and he is reverted. 3.

Learned counsel pointed out that, entire investigation depends upon documentary evidence. That, there is no further recovery or discovery to be made at his instance. Moreover, he is ready to co-operate and for above reasons, he prays for grant of anticipatory bail.

4.

Above application is strongly opposed by learned APP by pointing out that, thorough enquiry revealed supply of forged documents for securing job. Learned APP submits that, investigating machinery has to detect the modus operandi and for effective investigation, she prays to refuse leave. 5.

Perused the Papers. It seems that, applicant is booked for above offences vide FIR dated 04.04.2024. Substance of the FIR

-3- ABA-769-2024 is that, applicant has furnished false, fabricated and bogus documents including 10th standard pass certificate. Allegations are of playing fraud for securing job on the strength of fabricated documents.

6.

Taking such nature of allegations into consideration, proper investigation seems to be necessary. Mere grant of anticipatory bail in previous crime of 2014 with similar allegation, at this stage, is itself not a good ground to grant anticipatory bail. In the ruling relied, charge-sheet was filed. Here, investigation is in progress.

7.

Taking nature of allegations into consideration, this court does not find it a fit case to extend relief as prayed. 8.

Anticipatory Bail Application is hereby rejected. (ABHAY S. WAGHWASE, J.) Tandale