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Bombay High CourtABA/129/2025allowed

Sachin Sheshrao Mane And ANR. v. State Of Maharashtra Thr. Pso, Ps Akot City, Dist. Akola

2025-03-26Hon'Ble Justice Urmila Joshi Phalke3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO.129 OF 2025 (Sachin Sheshrao Mane and anr. Vs. State of Maharashtra) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. S. Z. Qazi, Advocate for the applicants.

Mr. A.M. Ghogare, APP for the State.

CORAM:- URMILA JOSHI-PHALKE, J.

DATED :- MARCH 26, 2025.

Apprehending the arrest at the hands of police in connection with Crime No.524/2023 registered with Police Station, Akot City, District Akola for the offences punishable under Sections 420, 468, 471 read with Section 34 of the Indian Penal Code, the applicant approached to this Court for grant of pre-arrest bail. 2.

Learned Counsel for the applicant submitted that as per the allegation in the First Information Report, the co-accused Kavita Bhandari has executed a sale-deed in favour of the purchaser namely Pratapsingh Gangaram Solanke, though she is not the owner of the said property. As far as the present applicants are concerned, their role is only to the extent that they stood as witnesses to the said sale-deed, therefore their involvement to the extent of signing the sale-deed as a witness. Considering the same, their custodial interrogation is not required. In view of that, they be released on anticipatory bail.

3.

Learned APP though strongly opposed the said application but fairly submitted that the applicants have cooperated with the investigating agency. 4.

On perusal of the recitals of the FIR and the investigation papers only allegation against the present applicants is that they stood as witnesses in the sale-deed which is executed by the co-accused. Considering the limited role attributed to the present applicants, the application deserves to be allowed. Accordingly, I proceed to pass following order:

(i) The application is allowed.

(ii) In the event of arrest, in connection with Crime No.524/2023 registered with Police Station Akot City, Akot, District Akola for the offences punishable under Sections 420, 468, 471 read with Section 34 of the Indian Penal Code, the applicants i.e.

applicant No.(1) Sachin Sheshrao Mane and No.(2) Nandkishore Dulchand Rathore shall be released on anticipatory bail executing P.R. Bond in the sum of Rs.25,000/- each with one solvent surety each in the like amount.

(iii) The applicants shall attend the concerned police station once in a week i.e.

on every Monday between 10.00 AM and

1.00 PM and shall cooperate with the investigating agency.

(iv) The applicants shall not induce, threat or promise any witnesses who are acquainted with the facts of the case either personally or by way of electronic media.

5.

The application is disposed of.

(URMILA JOSHI-PHALKE, J.) *Divya