Sandip Ravindra Chaudhari v. The State Of Maharashtra And Another

1 912-ABA-1376-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.1376 OF 2022 SANDIP RAVINDRA CHAUDHARI

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. Azizoddin R. Syed, Advocate for Applicant Mrs. P. V. Diggikar, APP for Respondents - State Mr. A. T. Jadhavar, Advocate for Informant ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 30th NOVEMBER, 2022 PER COURT :

1.

Applicant apprehends his arrest in Crime No.0276/2022, registered with Taloda Police Station, Shahada, Nandurbar, for offence punishable under Sections 419, 420, 464, 465, 467, 468, 192, 406 and 120-B of the Indian Penal Code.

2.

Informant, who is real brother of applicant, has lodged private complaint in the Court of learned Judicial Magistrate First Class, Taloda, alleging that applicant has committed forgery and fabricated affidavit and will deed of his ailing father in his favour. Learned Magistrate directed registration of offence under Section 156(3) of the Code of Criminal Procedure. Pursuant to the same, present crime is registered.

3.

Heard learned advocate for applicant, learned Additional

2 912-ABA-1376-22.odt Public Prosecutor for respondents - State and learned advocate for informant. Perused the investigation papers.

4.

It is the case of prosecution that while father was undergoing dialysis and was admitted in hospital, applicant has shown that father has executed affidavit and will deed in his favour. 5.

Perusal of investigation papers show that the documents i.e. affidavit and will deed allegedly forged and fabricated by applicant, are already seized by investigating officer. Applicant was granted interim protection and he has attended the concerned police station. In this view of the matter, custodial detention of applicant at pre-trial stage is not warranted in the facts of the present case.

6.

Application is, therefore, allowed by confirming interim order passed by this Court on 10/10/2022. Till filing of chargesheet, applicant shall attend concerned police station as and when called by Investigating Officer and shall not tamper prosecution evidence.

(NITIN B. SURYAWANSHI, J.) SVH