Sambhaji Ramchandra Savant v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.217 OF 2016 Sambhaji Ramchandra Savant ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr.Nilesh Tank i/b Maharashtra Law Associates, for the Applicant Ms.G.P.Mulekar, A.P.P for the Respondent-State ASI - J.B.Sapkal.

CORAM : REVATI MOHITE DERE, J.

DATE : 15th MARCH, 2016 1.

Heard learned Counsel for the applicant and the learned A.P.P. 2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No. 200 of 2014 registered with the Satara City Police Station, for the alleged offences punishable under Sections 420, 406, 465, 467 and 471 of the Indian Penal Code.

3.

The complainant is an Administrative Officer serving with the Zilla Parishad. He has stated that in 2013, applications were invited by the

2/5 Zilla Parishad for filling in posts of Health Servant in the Health Department. He has stated that one of the criteria amongst other criterias was 90 days work experience. He submitted that after the written examination, the applicant was appointed on the said post, pursuant to which the experience certificate submitted by him, was sent for verification to the concerned office at Pandharpur, District - Solapur and also to the Officer at District - Hivtap and Pandharpur Ujni Vasahat, Pandharpur. He submitted that an e-mail was received from the aforesaid departments, stating therein, that the experience certificate submitted by the applicant was a false, bogus and fabricated document, pursuant to which the aforesaid C.R. was lodged.

4.

Learned Counsel for the Applicant submitted that the applicant has attended the concerned police station and that the aforesaid document pertains to the year 2011. He submitted that the police have already filed a charge-sheet in the said case.

5.

Learned APP states that although charge sheet is filed, they may file a supplementary charge-sheet, if required, under Section 173(8) of

3/5 the Code of Criminal Procedure. Although, prima-facie it appears that a false and fabricated document has been submitted by the applicant, considering the fact that charge-sheet has already been filed as against the applicant, the applicant is granted pre-arrest bail on the following terms and conditions :

ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount ;

(ii) The applicant shall attend the concerned Police Station on every Saturday between 10:00 a.m. to 11:00 a.m. for a period of one month, and thereafter on the first Saturday of every month between 10:00 a.m. to 11:00 a.m, till the conclusion of the trial; (iii) The applicant shall not tamper or attempt to influence the complainant, witnesses or any person concerned with the case. (iv) The applicant shall inform his latest place of residence and

4/5 mobile contact number immediately after being released and/or change of residence or mobile details, if any, from time to time to the Court seized of the matter and to the Investigating Officer of the concerned Police Station;

(v) The applicant to cooperate in the conduct of the trial. 6.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

7.

It is made clear, that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 8.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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