Sanjay Bhavsingh Patil v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1153 OF 2024 Sanjay Bhavsingh Patil .....Applicant

Versus

The State of Maharashtra .... Respondent ----- Mr. Raviraj R. Paramane, Advocate i/b. Bhushan Gore for the Applicant.

Ms. Poonam P. Bhosale, APP for the Respondent-State. ----- CORAM : SARANG V. KOTWAL, J.

DATE : 29th APRIL, 2024 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No.220/2024 registered at Sinnar Police Station, District-Nashik on 24.3.2024 under Sections 465, 420 of IPC.

2.

Heard Mr. Raviraj Paramane, learned counsel for the Applicant and Ms. Poonam Bhosale, learned APP for the Respondent-State.

Deshmane(PS)

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3.

Learned APP is seeking time as the investigating officer is not present. Therefore, I have heard learned counsel for the Applicant for consideration of grant of adinterim relief. 4.

The FIR is lodged by the Extension Officer, Grampanchayat, Panchayat Samiti, Sinnar Shri Satish Pagar. According to him the Block Development Officer, Panchayat Samiti, Sinnar has authorized the informant to lodge the FIR. Therefore, before that one inquiry was conducted and it was observed that the certificate submitted by the Applicant purportedly issued by the Standing Medical Board, J.J. Hospital was invalid and it should not be considered. The certificate dated 15.6.2018, purportedly issued by the Standing Medical Board, was forged. Therefore, action should be taken against him. The Applicant was suspended vide order dated 21.2.2024.

5.

Learned counsel for the Applicant submitted that the Applicant had joined the service in the year 1995. In the year 2009 he had undergone two medical examinations for

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his eye-sight and he was issued a disability certificate on 4.3.2009. A copy of he same is annexed at Exhibit-B. He submitted that there is no forgery. Even in June 2019 when he had undergone another medical test, the report was directly sent by the Standing Medical Board to B.D.O. Dindori. Therefore, there was no question of the Applicant procuring that certificate and sending it. He submitted that the Applicant is suffering from loss of eye sight to the extent of 40%.

6.

Learned counsel for the Applicant states that the Applicant is even willing to undergo that test even today. Considering these submissions, since there is a possibility that the Applicant has a reasonable defence as of today, the Applicant can be protected by ad-interim relief till the next date with directions to him to attend the concerned police station.

7.

Hence, the following order:

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O R D E R

(i) In the event of his arrest in connection with C.R.No.220/2024 registered at Sinnar Police Station, District-Nashik, till the next date, the Applicant be released on bail on his executing P.R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

(ii) This order shall operate till 25.6.2024. (iii) The Applicant shall attend the concerned police station as and when called and shall cooperate with the investigation including undergoing the medical examination.

(iv) Stand over to 25.6.2024.

(SARANG V. KOTWAL, J.) by PRADIPKUMAR PRAKASHRAO DESHMANE Date:

2024.05.02 11:19:01 +0530 PRADIPKUMAR PRAKASHRAO DESHMANE