Shri. Anis S/O. Mehboob Khan Pathan (In Jail) v. State Of Maharashtra Thr. Police Station Officer Police Station Imamwada Nagpur

1 ba217.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (BA) No. 217 of 2018 Anis v. State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D. V. Chouhan, Advocate for applicant Shri V. P. Gangane, APP for respondent CORAM : S. B. Shukre, J DATE : 19.3.2018 Heard. Reply of the prosecution is taken on record.

First Information Report in this case has been filed on 28th January 2017 and this applicant has been arrested on 24th July 2017. Now that the investigation is over as charge-sheet has been filed. The charge-sheet came to be filed on 16.10.2017. The two main accused viz. Shahid and Bhushan who are alleged to be responsible for opening fake account and submitting fake documents, are still in jail custody. Sofar as this applicant is concerned, it is alleged that he submitted some fake documents with the help of the main accused. According to learned counsel for the applicant, although this applicant is alleged to have received an amount of Rs. 10.50 lakhs, the fact is different.

He submits that this amount was not deposited in the account of the applicant, but was deposited in the account, which was opened in the name of Provincial Motors, a fake account.

According to the prosecution, out of this amount, this applicant has received an amount of Rs. 3,00,000/- through a bearer cheque. Even if it is so, on the whole, it appears that this applicant's role is secondary to the role

2 ba217.18 played by the main accused. If it is so, I do not think that now any purpose would be served by keeping the applicant behind the bars.

Application is allowed and it is directed that the applicant be released on bail in Crime No. 27/2017 registered with Police Station, Imamwada, Nagpur for the offences punishable under Sections 406, 465, 467, 468, 471, 472, 473, 474, 420 read with Section 34 of the Indian Penal Code on his furnishing PR Bond of Rs. 50,000/- together with one solvent surety in the like sum, on the following conditions:

(1) Applicant shall attend Police Station, Imamwada, Nagpur on every Sunday between 05.00 pm and 07.00 pm till conclusion of the trial.

(2) Applicant shall cooperate with the trial Court in expeditious disposal of the trial.

(3) Applicant shall not tamper with prosecution witnesses in any manner.

Disposed of.

JUDGE joshi