Deepak Vitthal Pawar v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.418 OF 2024 DEEPAK VITTHAL PAWAR ..APPELLANT VS.

THE STATE OF MAHARASHTRA AND ANR.

..RESPONDENTS ------------ Adv. Santosh C. Bhosle for the appellant.

Mr. B. B. Kulkarni, APP for the State.

Mr. P. P. Gengje, Police Naik and Mr. Sudarshan Patil, SDPO Khed Police Station.

------------ CORAM : M. S. KARNIK, J.

DATE : APRIL 22, 2024.

P.C. :

1.

Heard learned counsel for the appellant and learned APP for the State.

2.

This is an appeal challenging the order dated 04.04.2024 passed by the Additional Sessions Judge, KhedRajgurunagar, District Pune rejecting the appellant's application for anticipatory bail. The appellant is seeking anticipatory bail in C.R. No.0091 of 2024 dated 06.02.2024 registered with Khed Police Station, Pune for the offence punishable under Sections 420, 504, 506 read with 34 of the Indian Penal Code, 1860, under Sections 3(1)(f), 3(1) 1/3

(g), 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereafter "Atrocities Act", for short) and under Section 7(1) (d) of Protection of Civil Rights Act, 1955.

3.

The FIR is dated 06.02.2024. It is the submission of learned counsel for the appellant that the transaction is based on the document which has been signed by the complainant and is duly registered. In the FIR which is lodged after a period of four years, it is contended by learned counsel for respondent No.2 that the signature on the document is not that of the respondent No.2. 4.

Learned APP to take instructions.

5.

Issue notice to the respondent No.2, returnable on 11.06.2024. Learned APP waives service of notice on behalf of the State. The Investigating Officer to inform the respondent No.2 the next date of hearing and that she has a right to be represented by an advocate or through legal aid.

6.

In the meantime, the appellant needs to be protected by an interim order.

2/3

7.

In the event of arrest of the appellant in connection with C.R. No.0091 of 2024 dated 06.02.2024 registered with Khed Police Station, Pune, the appellant - Deepak Vitthal Pawar be released on bail on his furnishing P.R. Bond in the sum of Rs.15,000/- with one or more sureties in the like amount.

8.

The appellant to report to the Investigating Officer of Khed Police Station, Pune on 29.04.2024 and 30.04.2024 between 11:00 a.m. and 1:00 p.m. and thereafter, as and when called and co-operate with the investigation. 9.

Stand over to 11.06.2024.

(M. S. KARNIK, J.) 3/3 Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 22/04/2024 17:47:21