Sudhir Manmohan Talwad v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 604 OF 2019 Sudhir Manmohan Talwad ..Applicant V/s.
The State of Maharashtra ..Respondent ---- Mr. Ritesh Ratnam, for the Applicant.
Mr. Sujeet Bugade, for the Intervenor.
Mr. Ajay Patil, APP for the Respondent / State. ---- CORAM : C.V. BHADANG, J.
DATE : 6th JANUARY, 2021 P.C.
.
The applicant, apprehending arrest in Crime No.378/2018 registered with Barshi City Police Station, Solapur Rural under Section 420, 468, 474 and 193 r/w. Section 34 of IPC, is seeking anticipatory bail.
2.
The prosecution case as disclosed from the complaint dated 21/7/2018 lodged by Bhimashankar Shete is that the applicant had forged false and fabricated document on 22/8/2012 thereby cheating the complainant. In short, according to the complainant, Mamta Kale page 1 of 3
the applicant managed to produce a person impersonating Vijaykumar Vai in executing the said document. 3.
The record discloses that this Court (P. N. Deshmukh, J.) had granted interim protection to the applicant on 12/3/2019 which is operating till today. This Court in the said order had prima facie found that the dispute is purely of civil nature. 4.
Be that as it may, the present application was adjourned from time to time in order to enable the prosecution to produce the report from the Forensic Science Laboratory (FSL) at Pune. 5.
The learned APP submits that the Investigating Officer shall pursue the matter and will make an attempt to obtain the report as early as possible.
6.
However, considering the fact that the interim protection is operating for close to two years and this Court having prima facie found that the dispute is of civil nature, the following order is passed.
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ORDER
1.
The Criminal Application is allowed.
2.
The interim order 12/3/2019 is made absolute. 3.
The State shall be at liberty to seek modification of the order, if so found necessary, after the receipt of the report of the Handwriting Expert.
4.
Interim Application No.915/2020 is disposed of, as infructuous.
C.V. BHADANG, J.
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