Najirabi Sk. Akbar v. State Of Maharashtra, Through Pso,Ps Washim, Tq. And District Washim

1 aba194.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Application (ABA) No. 194 of 2018 Najirabi and ors 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 S. D. Chande, Advocate for applicants CORAM : S. B. Shukre, J DATE : 27.3.2018 Issue notice to the respondent-State. Shri Harshal Dube, learned additional Public Prosecutor waives service of notice on behalf of the State. Reply of the prosecution tendered by him, is taken on record.

Heard. Perused the First Information Report and reply of the prosecution.

From the allegations made in the First Information Report and what has been submitted across the bar on behalf of the applicants, I find that the alleged forgery of the document appears to have taken place with the assistance of some person who acted as an agent for all these applicants. That would mean that custodial interrogation in the present case would be necessary to go to the root of the whole case. But, the persons behind committing the act of forgery being common, I do not think that custodial interrogation of all the applicants would be necessary. The purpose will be served by taking into custody some of the applicants.

In this view of the matter, I am of the opinion that those applicants who are women should be granted

2 aba194.18 anticipatory bail while those applicants who are men would have to be denied the anticipatory bail.

In the result, application is partly allowed. The application of applicant no. 2 (Laxman); applicant no. 3 (Ramesh) and applicant no. 6 (Babu) is hereby rejected. Application of applicant no. 1 (Najirabi); applicant no. 4 (Fatimabi) and applicant no. 5 (Malan) is hereby allowed and it is directed, in the event of their arrest in Crime No. 84/2018 registered with Police Station, Washim for the offences punishable under Sections 420, 468, 471 read with Section 34 of the Indian Penal Code, they be released on bail on each of them furnishing PR Bond of Rs. 25,000/- together with one solvent surety in the like sum, on the following conditions :

(1) Applicant shall attend Police Station every Sunday between 10.00 am and 12.00 am starting from 2nd April 2018 and also on such other occasions, as may be required by the investigating officer.

(2) Applicant shall cooperate with the investigating officer in the investigation.

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

Disposed of.

JUDGE joshi