Shankar Babasaheb Patil v. State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2909 OF 2024 Shankar Babasaheb Patil ...Applicant

Versus

The State of Maharashtra

...Respondent

***  Mr. Satyavrat Joshi a/w Ms. Sakshi S. Mane, for Applicant.  Mr. B.V. Holambe-Patil, APP for Respondent.  Mr. Nilesh Wable i/b Mr. Umesh Mankapure, for complainant.  Mr. Abhijit S. Maholkar H.C., Sangola Police Station. SHRIKANT SHRINIVAS MALANI *** CORAM : MANISH PITALE, J.

DATE : 25th OCTOBER, 2024.

P. C. :

SHRIKANT SHRINIVAS MALANI Date: 2024.10.25 19:38:08 +0530 1.

Heard learned counsel for the applicant and learned APP for the respondent-State.

2.

The applicant is apprehending arrest in connection with First Information Report No.0614 of 2024, dated 17.08.2024, registered at Police Station Sangola, District Solapur Rural, for offences under Sections 199, 200, 420, 467, 468 and 471 of the Indian Penal Code, 1860 (IPC). 3.

The informant, who is distantly related to the applicant, has alleged that the applicant has indulged in forgery and fabrication and thereby cheated the informant by claiming to be Shankar Babasaheb Patil, while he is actually Shankar Vishwanath Patil. It is submitted that by indulging in such forgery and fabrication, the applicant has obtained orders from the Competent

Authorities in his favour.

4.

Although, the learned APP and the learned counsel having instructions to appear on behalf of the first informant, have vehemently opposed the present application and both parties have referred to a number of documents, this Court is inclined to grant interim relief to the applicant on the basis of at least one document placed on record. A Gazette published For January 2024-30, 2019 shows that the applicant changed his name from Shankar Babasaheb Patil to Shankar Vishwanath Patil. This prima facie shows that the allegations levelled against the applicant of having forged documents to claim to be Shankar Babasaheb Patil, while he was actually Shankar Vishwanath Patil, are contradicted by the said Gazette publication. Besides, there are other documents in the form of the Birth Certificate, School Leaving Certificate and Pension Order placed on record to show that the applicant throughout was known as Shankar Babasaheb Patil. In the face of such documents, a prima facie case is made out by the applicant in his favour. Hence, the following interim relief.

(A) Till the next date, in the event the applicant is arrested in connection with FIR No.0614 of 2024, dated 17.08.2024, registered at Police Station Sangola, District Solapur Rural, he shall be released on bail on furnishing PR Bond of 25,000/- with one or two sureties in the like amount. ₹

(B) The applicant shall remain present before the Investigating Officer on 28th October, 2024, 29th October, 2024 and 30th October, 2024 between 10:00 a.m. and 12:00 noon and thereafter, as and when called by the Investigating Officer.

(C) The applicant shall cooperate with the investigatin. (D) The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

5.

In the event, the applicant violates any of the aforesaid conditions, the order passed today would be recalled. 6.

Needless to say, observations made in the present order are limited to considering the question of granting interim relief in the present application.

7.

List this application for further consideration on 02nd December, 2024, "High on Board."

(MANISH PITALE, J.)