Vishnu S/O Mukundrao Kokadde v. The State Of Maharashtra Thr Pso Ps Khaparkheda Dist Nagpur
2025:BHC-NAG:5511 1 922.ABA.371-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPA) NO. 1070 OF 2025 IN CRIMINAL APPLICATION (ABA) NO. 371 OF 2025 ( Vishnu S/o Mukundrao Kokadde Vs.
State of Maharashtra, Thr. P.S.O. Police Station Khaparkheda, District Nagpur (Rural). ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.C. Jaltare, Advocate for the Applicant. Mr. N.R. Rode, APP for the Non-applicant/State. Mr. P.S. Tiwari, Advocate for the Complainant. CORAM: URMILA JOSHI-PHALKE, J.
DATED : 12th JUNE, 2025 1.
By this Application, the original Complainant is seeking permission to engage the Counsel to assist the prosecution. Permission is granted.
2.
Application is disposed off.
CRIMINAL APPLICATION (ABA) NO. 371 OF 2025 1.
Heard learned Counsel for the Applicant, who submitted that by this Application the Applicant has challenged the rejection of the interim prayer for grant of anticipatory bail and he is protected by this Court. His main Application is still pending before the Additional Sessions
2 922.ABA.371-2025.odt Judge, Nagpur and listed on 17.06.2025.
2.
The allegations against the present Applicant is that he is the accused No.3 in the FIR in Crime No.349/2025 registered with Police Station Khaparkheda, District Nagpur registered under Section 318(4), 336(3) and 340(2) of the Bharatiya Nyaya Sanhita (BNS), 2023. The allegations against the present Applicant pertains to forgery of documents of Gram Panchayat i.e. Gaothan Certificates issued in favour of the accused Nos. 1 and 2. As per the allegations, the accused Nos. 1 and 2 did not apply for Gaothan Certificates, nonetheless, Gaothan Certificates have been issued in their favour. These Certificates have been issued in the name of the accused Nos. 1 and 2 by the Secretary Gram Panchayat who is the accused number No.4. The present Applicant who is the Sarpanch of Gram Panchayat had exerted the political pressure on the accused No.
4 to issue Gaothan Certificates in favour of the accused Nos. 1 and 2. Thus, considering the allegations levelled against the present Applicant immediate custodial interrogation is not required, as the learned Additional Sessions Judge has to decide the application on its own merits after hearing both the sides.
3.
In view of the above observation, the Applicant can be protected by granting anticipatory bail with a direction to the learned Additional Sessions Judge, Nagpur to dispose of the application at the earliest. In view of that, I proceed to pass the following order:
3 922.ABA.371-2025.odt
O R D E R
i.
In the event of the arrest, the Applicant Vishnu S/o Mukundrao Kokadde in connection with Crime No.349/2025 registered with Police Station Khaparkheda, District Nagpur registered under Sections 318(4), 376(3) and 340 of the Bharatiya Nyaya Sanhita (BNS), 2023, be released on anticipatory bail, on executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount, till the disposal of the Application by the learned Additional Sessions Judge, Nagpur. ii.
The Applicant shall attend the concerned Police Station once in a week i.e. on every Sunday between 10.00 a.m. and 01.00 p.m. and shall cooperate with the investigating agency.
iii.
The learned Additional Sessions Judge, Nagpur shall dispose of the application at the earliest on its own merits.
4.
The Application is disposed off.
(URMILA JOSHI-PHALKE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 16/06/2025 17:53:57