Surekha D/O. Kacharu Dedwal v. The State Of Maharashtra And Another

{1} drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1264 OF 2022 Surekha Khachru Dedwal APPLICANT

VERSUS

The State of Maharashtra and Another RESPONDENTS .......

Mr. R. S. Deshmukh, Senior Advocate a/w Shriram Deshmukh i/b Mr. Devang R. Deshmukh, Advocate for the applicant Mr. A. A. Jagatkar, APP for respondent - State .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 1 st FEBRUARY, 2023 ORDER :

1.

The applicant apprehends her arrest in Crime No.255 of 2022 registered with Beed Rural Police Station, Beed for offence punishable under sections 409, 420, 467, 468, 471, 120-B read with 34 of the Indian Penal Code.

2.

FIR is lodged by Ganesh Vighne, Motor Vehicle Inspector working in the office of RTO, Beed, alleging that on 17th August, 2022, Deputy RTO noticed that vehicle bearing registration No. MH-23/BC-5367 was originally registered at Arunachal Pradesh and it is re-registered at RTO Beed, without submitting original documents. The applicant - a senior clerk, working in the office

{2} of RTO, Beed, issued new number to the said vehicle on 9th March, 2022 and on verification of computer records, it was revealed that signature of registration officer was forged on the documents. Dealer of the vehicle informed that chassis number and engine number of the said vehicle appears to be doubtful. It is, therefore, alleged that in connivance with co-accused Sayyed Shakir Sayyed Ahmed, an agent, present applicant has reregistered the said vehicle, on the basis of forged documents and the vehicle in question is a stolen vehicle and without verifying original documents vehicle is re-registered. 3.

Heard learned senior advocate for the applicant and the learned Additional Public Prosecutor. Perused the investigation papers.

4.

Prosecution case is based on documents. All the documents, which are allegedly forged, are already seized by the Investigation Officer. The applicant is working as Senior Clerk in the office of RTO, Beed and she is already placed under suspension and departmental inquiry is initiated against her. Original owner of the said vehicle was contacted by the Investigation Officer and he has given a statement that the vehicle and its registration documents are genuine.

{3} 5.

Nothing is to be recovered from the applicant. The applicant was granted interim protection and she has cooperated in the investigation. Learned Additional Public Prosecutor, however, submits that interrogation of the applicant is necessary to verify as to whether other similar re-registrations are done by the applicant, in connivance with the agent. 6.

In the facts of the present case, pre-trial custodial detention of the applicant is not necessary. The application, therefore, is allowed, by confirming the interim protection granted to the applicant.

7.

The applicant shall attend the concerned police station everyday from 6th to 12th February, 2023 between 10.00 a.m. and 01.00 p.m. and shall co-operate in the investigation. Thereafter, till filing of the charge sheet, the applicant shall attend the concerned police station on every Sunday between 10.00 a.m. and 12.00 noon. The applicant shall not tamper prosecution evidence.

[NITIN B. SURYAWANSHI] JUDGE drp/aba1264-22.doc