Dharmendra Charandas Bansod v. The State Of Maharashtra, Thr. Pso, Ps, Khaparkheda, Tah. Saoner, Dist. Nagpur
2025:BHC-NAG:6104
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.
OF 2025 Dharmendra Charandas Bansod Vs State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. B.S.Dhandale, counsel for applicant.
Ms. Mrunal. A. Barbde, APP for non-applicant/State. CORAM : URMILA JOSHI-PHALKE, J.
DATED : 26/06/2025.
1.
Apprehending the arrest at the hands of police in connection with Crime No. 349 of 2025 registered with Police Station Khaparkheda, Tahsil Saoner, District Nagpur, for the offence punishable under Sections 318(4), 336(3), and 340(2) of the Bhartiya Nyaya Sanhita, 2023, the applicant approached this Court for grant of pre-arrest bail. 2.
The crime is registered on the basis of a report lodged by one Atul Patil, Member of Gram Panchayat, and on the basis of the complaint made by him, the enquiry committee was formed, and a detail enquiry was conducted. During the enquiry, it was revealed that the present applicant has misused his position and signed the documents and issued the Gaothan certificate without any authority, which is a forged one. On the basis of the said report, police have registered the crime against the present applicant.
3.
Heard learned counsel for the applicant, who submitted that with a baseless allegation, the applicant is arraigned as an accused. Even accepting the allegation as it is, the reply filed by the State itself shows that entire documents were seized by the Police during the investigation. The entire investigation revolves around the documents. Considering the fact that now the documents are already seized, and the custodial interrogation of the present applicant is not required, in view of that, he be protected by granting anticipatory bail.
4.
Learned APP strongly opposed the said application on the ground that his custodial interrogation is required. Considering that he has misused his position and issued the Gaothan certificate without any authority, which is a forged one, and therefore, the application deserves to be rejected. 5.
On hearing both sides and on perusal of the recitals of the FIR and the investigation papers, it reveals that the entire documents are seized by the investigating agency, as far as the involvement of the present applicant is concerned. Thus, considering the entire investigation revolves around the documents, which are already seized therefore, custodial interrogation of the present applicant is not required. As far as the specimen signature is concerned, some conditions can be imposed on the present applicant. In view of that, I proceed to pass the following order.
a] Criminal application is allowed.
b] In the event of arrest in connection with Crime No. 349 of 2025 registered with Police Station Khaparkheda, Tahsil Saoner, District Nagpur for the offence punishable under Sections 318(4), 336(3) and 340(2) of the Bhartiya Nyaya Sanhita, 2023, the applicant - Dharmendra Charandas Bansod shall be released on anticipatory bail, on executing P.R. Bond of Rs. 25,000/- with one solvent surety in the like amount.
c] The applicant shall attend the concerned police station on Monday between 10.00 a.m.
to 01.00 p.m. and shall cooperate with the investigating agency.
d] The applicant shall make himself available to give a specimen signature before the investigating officer and shall cooperate with the investigating agency.
e] The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the present case.
Criminal application is disposed of.
[URMILA JOSHI-PHALKE, J.]