Maroti Gyanba Chandrawanshi v. The State Of Maharashtra

2024:BHC-AUG:2758 1 931-ABA-1696-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 1696 OF 2023 MAROTI GYANBA CHANDRAWANSHI

VERSUS

THE STATE OF MAHARASHTRA ...

Mr. Shrikant G. Kawade, Advocate for Applicant Mr. S.B. Jadhav, APP for Respondents - State ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 08th FEBRUARY, 2024 PER COURT :

1.

Applicant apprehends arrest in C.R. No.523/2023, registered with Kalamnuri Police Station, Hingoli, for offence punishable under Section 420 of the Indian Penal Code. 2.

FIR is lodged by Head Constable Gajanan Keshavrao Rathod, alleging that on 29/04/2023, at Maharashtra TrafÏc portal, online grievance was received from Manohar Dore. He informed that duplicate number plate is being used which is not of his vehicle. After verification, it was revealed that registration No. MH-38-L-9040 is issued to TVS Scooty belonging to Manohar Dore, resident of Wakhari, Taluka Wasmat. Applicant was using the said number on his motorcycle. Two trafÏc challans were issued on the said registration number for triple seat riding and as rider was using mobile phone while riding the motorcycle. Informant, therefore, alleged that applicant has deceived the Government by using fake SVH

2 931-ABA-1696-23.odt number place.

3.

Heard learned advocate for applicant and learned APP for the State. Perused the investigation papers. 4.

According to applicant, his motorcycle met with an accident and after the accident said number place was installed on his motorcycle. In fact, registration of his motorcycle is MH-38-R9040. 5.

Prima facie, there appears negligence on the part of applicant in installing the number plate, wherein in place of 'R', 'L' is mentioned, which number plate in fact belongs to someone else. Motorcycle of applicant is already seized and applicant has cooperated in the investigation. Investigation appears to be on the verge of completion and learned APP, on instructions from investigating ofÏcer, submits that charge-sheet is likely to be filed in the fortnight. In that view of the matter, pre-trial custodial detention and/or interrogation of applicant is not necessary. 6.

Application is, therefore, allowed by confirming interim protection granted to applicant by order dated 05/12/2023. (NITIN B. SURYAWANSHI, J.) SVH