Pradip Purushottam Joshi v. The State Of Maharashtra

1/5 by KANCHAN VINOD MAYEKAR Date: 2025.04.08 20:38:18 +0530 KANCHAN VINOD MAYEKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 807 OF 2025 PRADIP PURUSHOTTAM JOSHI ..... APPLICANT

VERSUS

THE STATE OF MAHARASHTRA ..... RESPONDENT ALONGWITH ANTICIPATORY BAIL APPLICATION NO. 656 OF 2025 MANGALA RAMNATH HIRE ..... APPLICANT

VERSUS

THE STATE OF MAHARASHTRA ..... RESPONDENT Mr. S. P. Kshirsagar i/b. Mr. Mahendra N. Sandhyanshiv for the Applicants.

Mr. Amit A. Palkar, A.P.P. for the State in ABA/807/2025. Mr. Nitin B. Patil, A.P.P. for the State in ABA/656/2025. Mr. Yogesh Patil, A.P.I., Chawani Police Station. CORAM : RAJESH S. PATIL, J.

DATE : 7th APRIL, 2025 P.C. :- This application is filed for pre-arrest bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Crime No. 0037/2025 dated 28th January, 2025 registered with

2/5 Chhavani Police Station, Malegaon, Nashik Rural for the offences punishable under Sections 420, 468, 471 r/w. 34 of the Indian Penal Code, 1860.

2.

Based on the complaint, an FIR has been lodged. The role of the present applicants is mentioned in the said FIR. 3.

The learned counsel appearing for the applicants submits that there are no antecedents as far as the present applicants are concerned. They are Government servants. They undertake that they will not, henceforth, seek any kind of benefit based on the disability certificate that has been seized by the Investigating Officer. They are ready to co-operate with the police. They have already attended the office of the Investigating Officer. The custodial interrogation of the present applicants is not necessary.

4.

The learned A.P.P. submits that the investigation is in progress and the charge-sheet will be filed soon. The Investigating Officer is investigating the chain of events to determine as to who has issued a disability certificate to the applicants, based on which an FIR has been filed.

5.

I have heard learned counsel for both the sides and considered the documents on record. There are no antecedents as far as the

3/5 present applicants are concerned. They are government servants and have undertaken before this Court that they will not claim benefits as a handicapped person based on the documents seized by the Investigating Officer. According to me, prima facie at this stage, as of today the custody of the present applicants is not necessary. Hence, the following order :-

ORDER

(a) The anticipatory bail applications are allowed. (b) In the event of arrest in connection with Crime No. 0037/2025 dated 28th January, 2025 registered with Chhavani Police Station, Malegaon, Nashik Rural for the offences punishable under Sections 420, 468, 471 r/w. 34 of the Indian Penal Code, 1860, the applicants shall be released on bail, on furnishing P.R. bonds to the extent of Rs.50,000/- each with one or more sureties of the like amount.

(c) The applicants shall co-operate with the investigation and attend and meet the Investigating

4/5 Officer of the concerned Police Station on every Monday between 11:00 a.m. to 1:00 p.m. till filing of the charge-sheet.

(d) The applicants should not directly or indirectly contact the first informant in any form whatsoever. (e) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and further, the applicants shall not tamper with the evidence in any manner whatsoever.

(f) The applicants shall furnish details of his residential addresses, contact numbers and e-mail addresses to the Investigating Officer.

(g) The applicants' undertaking is accepted that they will not claim any benefits of being disable. 6.

Needless to say, violation of any of the aforesaid conditions would make the applicants liable to face proceedings for cancellation

5/5 of anticipatory bail. It is clarified that the observations made in this order are limited to the question of grant of anticipatory bail to the applicants in the present application, and that the trial Court shall proceed further, without being influenced by the observations made in this order.

7.

Both the anticipatory bail applications are disposed of. [RAJESH S. PATIL, J.]