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Bombay High CourtBA/1663/2022application allowed

Chhabu Namdeo Chavan v. The State Of Maharashtra

2022-10-19Hon'Ble Shri Justice S. G. Mehare2 pages

935-ba-1663-2022.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.1663 OF 2022 CHHABU NAMDEO CHAVAN

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Vishal S. Nikalje APP for Respondent/State : Mr. S.B. Narwade ...

CORAM : S.G. MEHARE, J.

DATED : 19th OCTOBER, 2022 PER COURT:- 1.

Heard learned counsel for the applicant and learned APP for the State.

2.

The applicant was on bail; however, his earlier surety died. Hence, he produced another surety. However, it was found a forged solvency certificate. Thereafter, the applicant furnished cash surety of Rs.50,000/- in the said crime. The applicant has a case that he has no concern with the so-called forged solvency certificate. He has no role to play in forging the Aadhar Card and the solvency certificate. The so-called surety Shivaji Lala Chavan met the applicant in the Court premises and expressed his willingness to stand as surety for him. Therefore, he trusted him. He believed his documents to be genuine. Hence, the documents were placed before the Superintendent (Criminal Section), District and Sessions Court, Aurangabad.

935-ba-1663-2022.odt (2) 3.

Learned APP has opposed the application contending that the offence is serious. The fraud has been tried to be played with the Court. Therefore, he may not be granted bail. 4.

Considering the role attributed to the applicant, the Court is of the view that the applicant is entitled to the bail. Hence, the following order :

ORDER

(i) Bail Application is allowed.

(ii) The applicant, Prakash Naganna Kanmod, be released on bail on executing P.B. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand) with one surety in the like amount in connection with Crime No.51/2021, registered at Vedant Nagar Police Station, District Aurangabad for the offences punishable under Sections 420, 465, 468, 471 read with Section 34 of the Indian Penal Code, on the condition that he shall not tamper with the prosecution evidence. (S.G. MEHARE, J.) Mujaheed//