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Bombay High CourtABA/641/2019allowed

Bhagwan S/O Ramchandra Meshram v. State Of Mah., Thr. Pso Ps Parsioni Dist Nagpur Rural Nagpur

2019-10-11Hon'Ble Shri Justice V.M. Deshpande2 pages

aba641.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 641 OF 2019 Bhagwan s/o Ramchandra Meshram .Vs. State of Maharashtra, PSO, P.S. Parsioni, Nagpur Rural, Nagpur.

_______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. B.W. Patil, Advocate for applicant.

Mr.S.M. Ghodeswar, A.P.P. for non applicant-State. CORAM : V. M. DESHPANDE, J.

DATED : OCTOBER 11, 2019 Heard Mr. Patil, learned counsel for the applicant and Mr. Ghodeswar, learned Additional Public Prosecutor for the non applicant-State. Also perused the reply filed on behalf of the State.

The applicant is apprehending his arrest in connection with Crime No.294/2019 registered with Police Station, Parseoni, Nagpur Rural, Dist. Nagpur for the offence punishable under Sections 467, 468, 471, 420 and 120-B of the Indian Penal Code.

The first informant Surendra Meshram is real brother of the present applicant. According to the first information report, Surendra has settled himself in Pune. He was having his share in the ancestral property situated at village Itgaon. According to the first information report, surreptitiously the name of the first informant was deleted and the name of the present applicant and others were mutated and also they executed sale-deed in favour of the third person.

The learned Additional Public Prosecutor for the State would submit that all the documents are in custody of

aba641.19.odt the investigating officer. On 24.09.2019, the applicant was protected by this Court by interim order with a direction that he shall attend police station from 26.09.2019 to 03.10.2019 and shall remain with the investigating officer from 11:00 a.m. to 05:00 p.m. The learned Additional Public Prosecutor submits that the applicant accordingly has attended the police station. The applicant was interrogated and his statement also came to be recorded. The disputed documents are already in custody of the investigating officer. In that view of the matter, I pass following order.

ORDER

(i) The application is allowed.

(ii) In the event of arrest in connection with Crime No.294/2019 registered with Police Station, Parseoni, Nagpur Rural, Dist. Nagpur for an offence punishable under Sections 467, 468, 471, 420 and 120-B of the Indian Penal Code, applicant - Bhagwan s/o Ramchandra Meshram, be released on bail on he executing P.R. Bond in the sum of Rs.10,000/- with one solvent surety in the like amount. (iii) Applicant is directed to attend Police Station, Parseoni, Nagpur Rural, Nagpur as and when directed by the investigating officer, till filing of the charge-sheet. However for that the investigating officer shall give clear cut two days prior written communication to the applicant. The application is disposed of.

JUDGE srwagh