Santosh Alias Bunty Rampal Shahu v. State Of Maharashtra Thr Pso, Sadar Ps , Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (BA) NO.1237/2025 (Santosh Alias Bunty Rampal Shahu Vs. State of Maharashtra, through P.S.O. Sadar Police Station, Nagpur) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Shyam Dewani, Advocate for the applicant. Mr. A.M. Kadukar, A.P.P. for the non-applicant/State. CORAM: MRS.VRUSHALI V. JOSHI, J.

DATED: 4.12.2025.

The applicant is arrested in Crime No.633/2025 for the offence punishable under Sections 319(2), 318(4), 336(2), 336(3), 338, 340(2) and 3(5) of the Bhartiya Nyaya Sanhita. 2.

The report is lodged by the N.I.T. officer alleging that the applicant is the President of Shahu Samaj Health Education Society. The applicant along with one Mukesh Jaideo Shahu and Jayesh Rampal Shahu have entered into an agreement with regard to running and maintenance of a premises bearing Khasra No.6, 14/3, 103/2 and 103/4 admeasuring 1463.04 Sq. Mtrs. Between 15.9.2008 till 18.10.2025 the applicant and other accused persons without having any authority or without being President had utilized and forged letter head in the name of said Society and also put forged signatures of the office bearers of the society and availed said premises in the name of said society. The applicant and the coaccused had obtained permission from N.I.T. for the purpose of community hall and its repairs and maintenance. Accordingly, an agreement was executed between N.I.T. and Shahu Samaj Health Education Society through the applicant. The tax was also assessed against the said premises. Thus it reveals that the applicant without

being President of said Society had cheated the N.I.T. on the basis of forged and fabricated documents.

3.

The learned Advocate for the applicant has stated that the applicant is the Vice-President of the said Society and after the death of his father he acted as President. The applicant has not committed any crime. He has acted in the capacity of the President. He has not forged any signature. All the relevant documents are collected by the Investigating Officer. Further custody of this applicant is not necessary. Hence, prayed to release him on bail. 4.

The learned A.P.P. opposed the application stating that 12 offences of similar nature are registered against this applicant. He is in habit of committing such offences. The statement of the witnesses show that he had forged the signatures. The custody of this applicant is required. Hence, prayed to reject the application. 5.

Heard both sides and perused the record.

6.

On perusal of the allegations made against this applicant who is Vice-President of said Society, after the death of this father he has acted as President and the Trustees have not taken any objection. The complaint is lodged by the N.I.T. officer. Considering the allegations made and the nature of the offence, further custody of this applicant is not necessary.

i) Applicant - Santosh Alias Bunty Rampal Shahu be released on bail in Crime No.633/2025 for the offence punishable under Sections 319(2), 318(4), 336(2), 336(3), 338, 340(2) and 3(5) of the Bhartiya Nyaya Sanhita, on furnishing P.R. Bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with solvent surety in the like amount before the trial Court.

ii) The applicant shall not in any way tamper with the prosecution evidence.

iii) The applicant shall not pressurize or threaten the prosecution witnesses.

iv) The applicant shall co-operate with the learned trial Judge in the conduct of the trial.

v) The applicant to attend the concerned police station once in a week till the filing of the charge sheet.

7.

The Criminal Application stands disposed of accordingly. (MRS.VRUSHALI V.JOSHI, J.) Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PS To Honourable Judge Date: 05/12/2025 17:49:31