Chhabu Sureshchandra Warwade v. The State Of Mah. Thr. Pso Ps Ralegaon Tah.Ralegaon Dist.Yavatmal

922-aba-161-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Anticipatory Bail Application No. 161 of 2022 Chhabu Sureshchandra Warwade

Versus

The State of Maharashtra, through Police Station Officer, Police Station Ralegaon Tah. Ralegaon, Dist. Yavatmal Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri R.R.Vyas, Advocate h/f Shri Sandip D. Tatake, Advocate for the applicant.

Smt. S.S.Jachak, APP for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 22nd MARCH, 2022.

The allegations in the First Information Report are that a document was registered in the name of Shri Narayan Kotu Dodewar, on 6th July, 2019 i.e. after his death and thereby the applicant has committed an offence punishable under Sections 420, 468, 471 of Indian Penal Code. Accordingly, crime No. 29 of 2022 was registered with Police Station, Ralegaon, Dist. Yavatmal. Applicant is seeking pre-arrest bail in the said crime.

2.

It is pointed out that on 29th May, 2019, the said document was presented for registration and at that time Shri Narayan Kotu Dodewar was present before SKNair

922-aba-161-22.odt the Sub-Registrar. However, because of his ill-health he was not in a position to give his consent statement on that day, therefore, the document was not registered and within three days Shri Narayan Kotu Dodewar died. 3.

Prima-facie, it shows that Shri Shri Narayan Kotu Dodewar was presented the document for registration which was registered subsequently after his death.

4.

In that view of the matter as the custody of the applicant is not necessary in this matter for custodial interrogation, I am of the opinion that the applicant is entitled for grant of pre-arrest bail. Accordingly, I pass the following order.

ORDER

i.

Application is allowed.

ii.

In the event of arrest of applicant in Crime No.29 of 2022 registered with Police Station, Ralegaon for the offences punishable under Sections 420, 468, 471 of Indian Penal Code, the applicant be released on bail on furnishing P.R.Bond of Rs.25,000/- (Rs.Twenty Five Thousand) with a solvent surety of like amount; iii.

The applicant shall attend the concerned Police Station as and when his presence is required. [ANIL S. KILOR, J.] by SACHINDANAND K NAIR Date: 2022.03.22 18:23:55 +0530 SACHINDANAND K NAIR SKNair