Ayaz Rafiq Shaikh v. State Of Mah. Thr. Pso Ps Wardha (City) Tah. And Dist.Wardha

25.aba.828.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.828 OF 2022 Ayaz Rafiq Shaikh .Vs. State of Maharashtra, through P.S.O., P.S. Wardha (City), Tah. & Dist. Wardha Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.A. Dhawas, Advocate for the applicant. Shri V.A. Thakare, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 12/12/2022 1.

Heard.

2.

The applicant is seeking pre-arrest bail in Crime No.1429 of 2022, registered with Police Station: Wardha, District: Wardha, for the offences punishable under Sections 420, 209, 198, 193, 466, 467, 471, 120-B read with Section 34 of the Indian Penal Code. 3.

In this case, the allegations are of preparation of bogus will-deed and sale-deed of immovable property situated at Wardha and registered at Pulgaon by the accused persons. The allegations are of impersonation and creation of bogus documents including will-deed.

4.

During the investigation, on recording the statements of witnesses the Investigation Officer has revealed that the applicant has played a vital role in C.L.Dhakate

25.aba.828.22.odt execution of the above referred documents and his role is not restricted only as a witness to the registration of the Will. It is also revealed that in respect of the bogus will-deed, the present applicant deposited fees for the same. 5.

In the circumstances, at this stage, it is difficult to say anything about the intention of the applicant as argued by the learned counsel for the applicant that, there was no ill intention of the applicant in signing the Will or depositing the fees for the same, as it would be the matter of trial.

6.

Considering the nature of allegation and the submission of the learned APP that the custodial interrogation of the applicant is necessary, I am not inclined to grant bail. In the circumstances, I pass the following order:

The criminal application is rejected.

JUDGE Signed By:CHETAN LOPCHAND DHAKATE Personal Assistant to the Hon'ble Judge C.L.Dhakate