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Bombay High CourtBA/2088/2022application allowed

Deelip Shrihari Raut v. The State Of Maharashtra

2023-01-31Hon'Ble Shri Justice S. G. Mehare2 pages

920- B.A. No. 2088-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD BAIL APPLICATION NO.2088 OF 2022 WITH APPLN/4281/2022 IN BA/2088/2022 DEELIP SHRIHARI RAUT

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Rajendra Deshmukh, Senior Advocate with Mr. Govind A. Kulkarni i/by Adv. D.R. Deshmukh APP for Respondent No.1: Mr. S. P. Deshmukh Advocate for complainant : Mr. B. P. Pande CORAM : S.G. MEHARE, J.

DATE : 31.01.2023 PER COURT :

1.

Heard the learned senior counsel for the applicant, learned A.P.P for respondent No.1/State and learned counsel for the complainant. 2.

It is a case arising out of the civil contract. Initially, the property in question was handed over to the accused to run the hostel. After that they had dispute over vacating the premises. The applicant had filed a civil suit against the complainant. The complainant alleged that the applicant has forged the document of sale deed in the name of his father and shown him dead in the year 2006, when he died in the year 2008. The applicant has undergone police custody remand. He is behind bar since November 2022. The learned counsel for the applicant made a statement at bar that the alleged forged document

920- B.A. No. 2088-2022.odt has been tendered to the investigating officer. In view of that matter, the document allegedly forged has already been tendered on the basis of which the further/future investigation may be made. The applicant may be asked and called for the hand writing samples, if any, required in future. The material investigation appears to have been completed. No purpose would be served by keeping the applicant behind the bar. Hence, the following order :-

ORDER

(i) The application is allowed.

(ii) The applicant Deelip Shrihari Raut be released on bail, on executing P.B. and S.B. of Rs. 50,000/-, with one solvent surety in the like amount, in C.R. No. 44 of 2022 registered at Jawaharnagar Police Station, Aurangbad City, District Aurangabad, for the offences punishable under Sections 420,465,466,467, 468,471, 120B read with Section 34 of the Indian Penal Code on the conditions that;

(a) The applicant shall attend the concerned police station as and when called by the Investigating Officer on written notice and co-operate with the investigation. (b) He shall not involve in the similar offence. (iii) Criminal Application No. 4281 of 2022 stands disposed of. ( S. G. MEHARE ) JUDGE ysk