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Bombay High CourtBA/1118/2023application allowed

Pawan S/O Nagnath @ Nagorao Gaikwad v. The State Of Maharashtra

2023-07-24Hon'Ble Shri Justice S. G. Mehare3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1118 OF 2023 PAWAN S/O NAGNATH @ NAGORAO GAIKWAD

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. S. S. Thombre APP for Respondent: Mr. Y. G. Gujarathi ...

WITH BAIL APPLICATION NO. 1105 OF 2023 TUKARAM TATERAO PHAPHAGIRE

VERSUS

THE STATE OF MAHARASHTRA ....

Advocate for the applicant : Mr. A. K. Bhosle A.P.P for respondent State : Mr. Y. G. Gujarathi .....

CORAM : S. G. MEHARE, J.

DATE : 24.07.2023 PER COURT :

1.

Heard the learned counsel for the applicants and the learned A.P.P. for the respondent State.

2.

The applicants are seeking bail in crime No. 170 of 2023 registered with Police Station New Mondha, District Parbhani, for the offences punishable under Sections 420, 468 and 471 read with

Section 34 of the Indian Penal code.

3.

There are allegations of forging of the documents to secure the benefit of the police recruitment process.

4.

The prosecution was opposing the applications as the original forged document was not recovered. However, the learned counsel for the applicants state that the relatives of the applicants have handed over so called documents allegedly forged.

5.

The learned A.P.P. has confirmed this fact and admitted that the said document has been recovered. The entire investigation and allegations are based upon the documents. Therefore, detention of the applicants would not be useful for further investigation. Hence, the order.

ORDER

(I) Both applications are allowed (ii) The applicant Pawan S/o Nagnath @ Nagorao Gaikwad in B.A. No. 1118-2023 and applicant Tukaram Taterao Phaphagire in B.A. No. 1105-2023 be released on bail, on executing P.B. and S.B. of Rs. 50000/- (Rupees Fifty thousand) each with one solvent surety of like

amount in connection with the above crime, on the conditions that :- (a) They shall not tamper with the prosecution witnesses. (b) They shall not involve in the similar crime.

(c) They shall attend the concerned police station as and when called by the Investigating Officer on written notice, till conclusion of the trial.

( S. G. MEHARE ) JUDGE ysk