Yugandhara Sandeep Patil v. The State Of Maharashtra

Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1157 OF 2015 Yugandhara Sandeep Patil ... Applicant Vs.

The State of Maharashtra ... Respondent Mr. Manoj A. Patil, Advocate for the applicant. Mr. R.V. Newton, APP for the State.

I.O. Mr. Pandit K. Maske, P.S.I., Shivajinagar Police Station, Ichalkaranji present.

CORAM: MRS.MRIDULA BHATKAR, J.

DATE : AUGUST 10, 2015 P.C.:

This Application is moved for pre-arrest bail, as the applicant/accused is apprehending arrest under sections 466, 467, 468, 471 r/w. 34 of the Indian Penal Code in C.R. No. 55 of 2015 registered with Shivajinagar Police Station.

2.

Sub-Registrar Vitthal Balaji Jadhav gave information to the police that he received one complaint from Omprakash Jethmal Rathi that one document which was registered in the office of Registrar on the basis of bogus NOC dated 18th April, 2012 is false and fabricated one and therefore, execution of the other document dated 18th September, 2012 amounted to cheating. Therefore, complaint is registered against the persons who are responsible for execution of the said document and who obtained the NOC.

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3.

The learned counsel for the applicant/accused has submitted that this Court has already granted pre-arrest bail to the other accused on 15th July, 2015 and on parity, the applicant/accused who is woman is also to be granted pre-arrest bail.

4.

Learned APP opposed the Application. She submitted that some documents are yet to be recovered and therefore, pre-arrest bail is not to be granted to the applicant/accused.

5.

Perused the FIR. The offence is based on the documents and the impugned document, i.e., forged NOC is seized by the police. Other documents are in the custody of Sub-Registrar's office. There is no criminal antecedents against the applicant/accused. Though there is an offence committed, the custodial interrogation of the applicant/accused is not required. Hence, I am inclined to grant pre-arrest bail to the applicant/accused on the following terms and conditions:

O R D E R

(i) Application is allowed.

(ii) In the event of arrest, the applicant/accused be enlarged on bail on furnishing P.R. Bond in a sum of Rs.20,000/- with one or two sureties in the like amount.

(iii) The applicant shall not tamper with the evidence. (iv) The applicant shall not indulge into any kind of criminal activity. 2 / 3

(v) The applicant shall cooperate with the investigating officer and attend the concerned police station on 22nd August, 2015 and 23rd August, 2015 between 11 a.m. to 1 p.m. till the filing of the charge sheet.

6.

The Anticipatory Bail Application stands disposed of on above terms. (MRS.MRIDULA BHATKAR, J.) 3 / 3