Shatrughna S/O Madhvrao Mokashe v. State Of Mah. Thr. Pso Ps Pandharkawada Tq.Kelapur Dist.Yavatmal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 415/2021.

Shatrughna Madhavrao Mokashe -VERSUSThe State of Maharashtra.

Office notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s Orders or directions and Registrar'

s orders.

Shri S. Mishrikotkar, Advocate for the Applicant. Shri H.D. Dubey, APP for the Non-applicant.

CORAM : VINAY JOSHI, J.

DATE : AUGUST 10, 2021.

Heard.

2.

In anticipation of arrest in Crime No.651/2021 registered with Pandharkawada Police Station, District Yavatmal for offence punishable under Sections 420 and 466 of the Indian Penal Code, the applicant is claiming prearrest protection. 3.

The State has resisted the bail by filing reply affidavit. It is alleged that in order to facilitate the desired result in Special Case a false and forged birth certificate was prepared.

4.

On perusal of the first information report, it reveals that one of the Gram Panchayat employee namely Sadanand Sedam [co-accused], has allegedly manipulated the record for issuance of forged certificate. It is contended that the applicant being Gram Sevak, remained negligent and therefore, the complaint.

5.

Ad-interim protection was granted to the applicant by this Court vide order dated 14.07.2021, which is prevailing till date. The State has not denied that the applicant has attended the police station and his statement is also recorded.

6.

Considering the nature of accusation, the main allegations are against co-accused Sadanand, who is already arrested. Having regard to these facts, the purpose of investigation would be achieved by directing the applicant to join the course of investigation. In view of that, following order is passed.

(i) Criminal Application is allowed and

disposed of.

(ii) The ad-interim protection granted to the applicant vide order dated 14.07.2021 is hereby made absolute, with further direction to the applicant to attend the concerned Police Station on every Sunday between 11 a.m. to 2 p.m. till the filing of charge sheet.

(iii) The applicant shall not tamper with the prosecution evidence in any manner.

JUDGE Rgd.