Khalid Akhtar Mohammed Yusuf v. The State Of Maharashtra
2025:BHC-AS:11218 Diksha Rane 24 & 27 ABA 562-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 562/2025 KHALID AKHTAR MOHAMMED YUSUF ..APPLICANT VS THE STATE OF MAHARASHTRA ..RESPONDENT WITH ANTICIPATORY BAIL APPLICATION NO. 589/2025 NIVRUTTI EKNATH BAGUL ..APPLICANT VS THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. M. N. Sandhyanshiv for applicant in ABA/562/2025. Mr. N. R. Bubna for applicant in ABA/589/2025. Mr. Hiten Venegavkar, Chief P.P. a/w. Mr. Shishir Hiray, Spl. P.P. a/w. Ms. Supriya Kak, APP for State.
PI Dipak D. Jadhav, Chivani Police Station.
------------ CORAM : RAJESH S. PATIL, J.
DATE : MARCH 10, 2025.
P.C. :
1.
These applications are filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 in connection with the First Information Report (FIR) No.40/2025 registered with the Chavani Police Station, Taluka Malegaon, District Nashik, for the offence punishable under Sections 318(4), 336(3), 340(2), 338 of the Bhartiya Nyaya Sanhita, 2023.
Diksha Rane 24 & 27 ABA 562-2025.doc 2.
A complaint was lodged alleging that Bangladeshis are illegally residing in Malegaon. The accused persons have facilitated in helping them to secure documents for their illegal stay in Malegaon. The names of the applicants are mentioned in the FIR, and their role has been specified in complaint.
3.
It is the case of the applicant in Anticipatory Bail Application No. 562/2025 that he is a junior advocate and has not forged any documents. The allegation against the present applicant is that, on the vakalatnama of the clients, he signed the vakalatnama on their behalf, making it appear as if his clients had signed those documents 4.
Similarly, it is the case of the applicant in Anticipatory Bail Application No. 589/2025 that he published notices in his newspaper without any ulterior motives. He has no role to play in relation to the present offence. The editor of newspaper is not responsible for the contents of the notices.
5.
On behalf of the State, the present applications have been opposed, with the argument that this is the modus operandi of a big plan hatched. On a large scale, Bangladeshis are granted illegal documents, which they collect in order to apply for citizenship in this country and then participate in elections. The custody of present
Diksha Rane 24 & 27 ABA 562-2025.doc applicants is necessary for conducting investigation. 6.
I have considered the arguments of both the sides. Accused no.10 - Nayab Tahsildar is the person who issued the subject birth certificates. The agents of the Nayab Tahsildar first come in contact with the present applicant - Khalid. The present applicant being a lawyer prepared the application for issuance of the birth certificates. Thereafter, as per rules, a notice have been published in the newpapers of the applicant - Nivrutti Eknath Bagul. The applicant Nivrutti published the notices in the newspapers. After the notices were issued, the matter was further pursued by the applicant Khalid (a lawyer), and thereafter, the Nayab Tahsildar verified the documents and issued the birth certificates.
It is pertinent to note that, although it might appear to be very simple, the fact remains that the present applicants are practicing advocates and the editor/ publisher of a daily newspaper. As a lawyer, it appears that on his own the applicant signs on behalf of the clients and accordingly, an application is prepared for obtaining birth certificate. As many as 2,800 notices have been published in the newspapers, according to the IO's report as of today. Once these notices are published calling for objections under Section 13, the matter proceeds further. Taking into consideration the application made by the applicant - Khalid.
Diksha Rane 24 & 27 ABA 562-2025.doc The Nayab Tahsildar, through his agent, then granted the birth certificates.
7.
The twelve accused have been arrested who have been alleged as Bangladeshis. The five main accused who are the persons who have acted for issuance of these birth certificates, two are before this Court, one has been granted regular bail and others are absconded. This issue is a very serious one, that Bangladeshis are obtaining birth certificates and thereafter, they are applying for getting various Government facilities of this country including that of a election card. It appears that the documents are forged. The said documents are of the Municipal Corporation where the seal of the Municipal Corporation has been used. The physical presence of the present applicants is necessary for the purpose of interrogation. Hence, no case is made out to grant pre-arrest bail to the present applicants. 8.
The anticipatory bail applications are rejected and disposed of accordingly.
(RAJESH S. PATIL, J.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 10/03/2025 20:48:13