Brijesh S/O Surendra Juyel v. State Of Maharashtra, Thr. P.S.O. Ramnagar, Chandrapur

aba.306.16 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Criminal Application [ABA] No.306 of 2016 (Brijesh Surendra Juyel vs.

State of Maharashtra, through P.S.O. Ramnagar, Chandrapur) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri R.R. Vyas, Advocate for the Applicant.

Shri S.D. Sirpurkar, A.P.P. for the Non-Applicant/State.

CORAM

: S.B. SHUKRE, J.

DATE : 5 th OCTOBER, 2016.

Heard the learned Counsel for the applicant and the learned A.P.P. for the State.

Perused the F.I.R. and the case-diary and also the documents filed along with the application.

It is seen that on the basis of report lodged on 20/04/2016 by this applicant against the Committee Members of St. Andrew's Church, Chandrapur, Police Station Ramnagar, Chandrapur registered a crime against them vide Crime No.446/2016 for the offences punishable under Sections 143, 147, 447, and 427 read with Section 149 of the Indian Penal Code. In this crime, Sunil Godbole and others have been arrayed as accused. They all are the Committee Members. In the present crime, which is Crime No.454/2016, registered for the offences punishable under Sections 406,

aba.306.16 2 420, 465, 468, 471 and 447 of the Indian Penal Code, the complaint has been filed by one Nirnay Alex Shirwar, the Secretary of the Church Committee of which the Chairman is Rev. Sunil Godbole, on the basis of the authority given by the Members of the Church Committee. The complaint made in this crime is silent as to when the Committee of the Church learnt about the cheating, fraud and forgery allegedly committed by this applicant. This complaint made in the present crime has been filed three days after the complaint filed by the applicant against the Members of the Church Committee. All these facts and circumstances of the case, therefore, create a doubt about the allegations made against this applicant. In any case, the documents allegedly tampered with or forged have already been seized.

Therefore, I am inclined to allow this application. Hence, the order. The application is allowed and the interim anticipatory bail granted to the applicant by this Court on 10th May, 2016 is hereby confirmed on the same conditions with addition of the condition that the applicant shall attend the police station everyday for a period of one week, starting from 10th October, 2016 between 11:00 a.m. and 01:00 p.m. The application is disposed of.

*sdw JUDGE

aba.306.16 3 C E R T I F I C A T E I certify that this order uploaded is a true and correct copy of the original signed order.

Uploaded by: S.D. Waghmare Uploaded on : 06/10/2016 P.A. to the Hon'ble Judge.