Praful S/O. Prabhakar Akkewar (In Jail) v. The State Of Maharashtra Thr. Police Station Officer Police Station Ajni Dist. Nagpur
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (BA) NO.1062 OF 2017 Praful s/o Prabhakar Akkewar, Sumitra Nagar, Tukum, Dist. Chandrapur -vsState of Maharashtra, Thr. PSO, PS Ajni, Dist. Nagpur. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
Shri R. M. Daga, Advocate for applicant.
Shri A. A. Madiwale, APP for non-applicant/State. CORAM : A.S.CHANDURKAR, J.
DATE : November 10, 2017 The applicant who has been arrested on 29/07/2017 in connection with Crime No.97/2017 registered with Police Station Ajni, Dist. Nagpur for the offence punishable under Sections 406, 420 read with Sections 34, 468, 471 and 120-B of the Indian Penal Code seeks his release on bail. As per the First Information Report dated 31/03/2017 the applicant is alleged to have assured the informant of employment in government office. For said purpose the informant was taken to various offices and was required to part with Rs.5 lacs. On that basis, offence came to be registered.
During the course of investigation, the incriminating documents came to be seized and after completion of investigation, charge-sheet has been filed. It is submitted on behalf of the applicant that as the investigation is now complete and charge-sheet has been filed, the applicant is entitled to to be released on bail. According to
2/3 learned counsel for the applicant, the offence principally is under Section 420 of the Penal Code. Considering the fact that the case is based on documentary evidence and the entire material is now with the prosecution, he be released on bail. The application is opposed by the learned Additional Public Prosecutor by relying upon the reply. It is submitted that if the applicant is released there is likelihood of his indulging in similar offences. It has been found that the documents utilized by the applicant were forged and fabricated. Applicant is facing another trial in Crime No.39/2016.
Perused the report as well as the reply. The report indicates the manner in which the applicant is stated to have cheated the informant in providing employment. The case of the prosecution is based principally on documentary evidence which is now seized. The charge-sheet has also now been filed on 19/09/2017 and therefore I find a case is made out for releasing the applicant on bail.
Hence the applicant Praful s/o Prabhakar Akkewar who has been arrested on 29/07/2017 in connection with Crime No.97/2017 registered with Police Station Ajni, Dist. Nagpur for the offence punishable under Sections 406, 420 read with Sections 34, 468, 471 and 120-B of the Indian Penal Code is directed to be released on bail on furnishing PR Bond of Rs.30,000/- (Rupees Thirty Thousand) with one surety in the like amount.
3/3 After his release the applicant shall co-operate in completion of the trial. He shall not take any steps to influence the prosecution witnesses or indulge in similar crimes.
The observations made in this order are only for deciding this application which is allowed and disposed of. JUDGE Asmita