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Bombay High CourtABA/1272/2022application allowed

Prashant Ramchandra Mahale v. The State Of Maharashtra

2022-11-24Hon'Ble Shri Justice N. B. Suryawanshi2 pages

{1} aba1272-22 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1272 OF 2022 Prashant Ramchandra Mahale APPLICANT

VERSUS

The State of Maharashtra RESPONDENT .......

Mr. Chetan V. Bhadane, Advocate for the applicant Mr. N. T. Bhagat, APP for respondent - State .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 24 th NOVEMBER, 2022 ORDER :

1.

The applicant apprehends arrest in connection with Crime No.39 of 2021 registered with Cantonment - Chavni Police Station, Aurangabad for the offence punishable under section 420, 467, 468, 471 of the Indian Penal Code.

2.

The report is lodged by Colonel Tarunsingh Bhagvansingh Jamaval on 1st February, 2021, wherein it is alleged that the applicant has filled online application for army recruitment process at Nanded in 2016 by mentioning his date of birth as 3 rd October, 1995 and in Army recruitment process at Parbhani in 2020 he has mentioned his date of birth as 13th February, 2001, by preparing forged certificate.

3.

The applicant contends that he has not committed any

{2} aba1272-22 offence. The FIR is registered on 1st February, 2021 and the investigation is almost complete, therefore, the applicant prays for anticipatory bail.

4.

Heard learned advocate for the applicant and the learned Additional Public Prosecutor. Perused the investigation papers. 5.

The offence is registered in the year 2021 and it pertains to documents, which the Investigating Officer has already seized. Statements of material witnesses are already recorded by the Investigating Officer. Nothing is to be recovered from the applicant. The applicant was granted interim protection and he was directed to attend the concerned police station. The applicant has attended the police station and has co-operated in the investigation. Custodial detention of the applicant at pre-trial stage is not warranted in the facts of the present case. 6.

The application is, therefore, allowed by confirming the interim order dated 11th October, 2022. The applicant shall attend the concerned police station as and when called by the Investigating Officer. The applicant shall not tamper prosecution evidence.

[NITIN B. SURYAWANSHI] JUDGE drp/aba1272-22