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Bombay High CourtABA/197/2016allowed

Praful @ Anil S/O Mahukar Chandekar v. The State Of Maharashtra, Through P.S.O. Korpana, Chandrapur

2016-04-22Hon'Ble Shri Justice Z.A. Haq2 pages

1 aba197.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO.197 OF 2016 (Praful @ Anil s/o Mahukar Chandekar ..vs.. State of Maharashtra, through PSO, PS Korpana, District Chandrapur) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : 22-04-2016 Heard Shri S.V. Sirpurkar, Advocate for the applicant and Shri S.S. Doifode, Additional Public Prosecutor for the non-applicant.

2.

The applicant apprehends arrest in crime registered against him by the non-applicant for offences punishable under Sections 468 and 471 of the Indian Penal Code.

3.

According to the prosecution, Kavita Gawande contested the elections for Gram-Panchayat as candidate belonging to Scheduled Caste. The complaint was lodged against her that she is not belonging to Scheduled Caste and documents produced by her are fabricated. Kavita Gawande came to be arrested and she stated that the documents are prepared by the applicant.

4.

The applicant is protected by interim order dated 31-3-2016 and has attended the police station as per the

2 aba197.16 interim order. It is not the complaint of the nonapplicant that the applicant has not co-operated with the investigating agency. The non-applicant has not been able to show that custody of the applicant is required for further investigation.

Considering the nature of accusations against the applicant and the facts on record, in my view, the interim order granted on 31-03-2016 is required to be confirmed.

5.

Hence, the following order :

i) In the event of arrest in Crime No.52/2016 registered by the non-applicant, the applicant be released on bail, on furnishing P.R. Bond for Rs.20,000/- and one solvent surety in the like amount.

ii) The application is allowed in the above terms. JUDGE pma