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Bombay High CourtAPPLN/2697/2016disposed off

1. Balasaheb Bhivaji Kolekar. v. The State Of Maharashtra.

2016-06-14Hon'Ble Shri Justice Nitin W. Sambre4 pages

1 Cri. Appln. 2697-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2697 OF 2016 1] Balasaheb S/o Bhivaji Kolekar, Age : 33 years, Occu.: Agri. & Business, R/o. Kakrambawadi, Tq. Tuljapur, Dist. Osmanabad 2] Khanderao S/o Vishwasrao Patil, Age : 46 years, Occu.: Agri. & Business, R/o Teerth, Tq. Tuljapur, Dist. Osmanabad 3] Krushnath S/o Bhivaji Kolekar, Age : 28 years, Occu.: Agri. & Business, R/o Kakrambawadi, Tq. Tuljapur, Dist. Osmanabad 4] Jilani S/o Farid Pathan, Age : 55 years, Occu.: Business, R/o Nanaj, Tq. North Solapur, Dist. Solapur .. Applicants Vs.

The State of Maharashtra Through P.I. Tuljapur Police Station, Dist. Osmanabad .. Respondent .....

Mr. T.M. Venjane, Advocate for the applicants Mr. S.Y. Mahajan, APP for the respondent-State Mr. Sachin V. Koplekar, Advocate for assist to APP ......

CORAM : N.W. SAMBRE, J.

DATE : 14/06/2016 ORAL ORDER :

Heard.

2 Cri. Appln. 2697-2016 2.

Application at the behest of applicant no.1 - Balasaheb Bhivaji Kolekar is not pressed. As such, the application stands rejected as against applicant no.1 - Balasaheb Bhivaji Kolekar with liberty to file application afresh after filing of the chargesheet before the Court below.

3.

So far as applicant nos.2, 3 and 4 are concerned, they are accused in Crime no. 90 of 2016 registered at Tuljapur Police Station, Dist. Osmanabad for the offences punishable under section 420, 465, 468, 471, 472 of the Indian Penal Code. 4.

The applicants were arrested on 24th and 25th April, 2016.

5.

The prosecution case against the present applicants is that the vehicles which are already hypothecated to a financial institution, by preparing forged and bogus registration documents of the same, were shown to be assets as guarantee, for

3 Cri. Appln. 2697-2016 the purpose of re-finance.

6.

The custodial interrogation of the applicants is already over. The offence is triable by the Magistrate.

7.

Learned counsel for the applicants Shri Venjane, upon instructions, submits that applicants shall ensure the repayment as per schedule. Statement is accepted.

8.

In my opinion, further detention of the applicants is not necessary as the custodial interrogation is already over. Hence, the following order :- 9.

Applicant no.2 - Khanderao S/o Vishwasrao Patil, applicant no.3 - Krushnath S/o Bhivaji Kolekar and applicant no.4 - Jilani S/o Farid Pathan be released on bail in Crime no. 90 of 2016 registered with Tuljapur Police Station, Dist. Osmanabad for the offences punishable under section

4 Cri. Appln. 2697-2016 420, 465, 468, 471, 472 of the Indian Penal Code, upon their executing P.R. bonds in the sum of Rs.15,000/- (Rs. Fifteen Thousand) each with one surety each in the like amount.

10.

The applicants shall not tamper with the witnesses in any manner.

11.

Criminal Application stands disposed of accordingly.

[N.W. SAMBRE] JUDGE arp/-