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Bombay High CourtABA/203/2026disposed off

Mohammad Parvez Mohammad Mazrul Haque v. State Of Maharsahatra Thr Pso Ps Durgapur Tah And Dist Chandrapur

2026-04-24Hon'Ble Shri Justice Rajnish R. Vyas4 pages

2026:BHC-NAG:6414 1 21) ABA 203-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (ABA) NO. 203 OF 2026 MOHAMMAD PARVEZ MOHAMMAD MAZRUL HAQUE VS STATE OF MAHARASHTRA Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri K.R.Giripunje, Advocate for applicant.

Ms. M.R.Kavimandan, APP for respondent/State. CORAM: RAJNISH R. VYAS, J.

DATED : 24th APRIL, 2026.

Apprehending arrest, the applicant has preferred this application for the grant of anticipatory bail in connection with First Information Report No. 57/2025, dated 26/03/2025, registered with Police Station Durgapur, District Chandrapur for the offence punishable under Sections 340(2), 336(3) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'). 2.

The FIR was registered at the instance of informant Dr. Prakash Dadaji Sathe, who was working as a Malaria Officer attached to the District Hospital Chandrapur. In short, it is alleged in the FIR that an advertisement was published for recruitment of 46 candidates (Non-PESA) for the posts of Class 'C' category by direct recruitment. The accused Ashish Hanuman Burande named in FIR participated and he was also declared successful. Accordingly, accused Ashish was called for document verification and during the course of verification, it was found that some of the documents were

2 21) ABA 203-2026.odt found to be forged. It is in this background, the FIR came to be registered.

3.

The learned counsel for the applicant has contended that, during the course of investigation. During the course of investigation, one Sangharsh Meshram was added an accused, who in compliance with notice issued under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) attended the concerned police station. When the statement of said Sangharsh Meshram was recorded, he disclosed the name of the applicant as a person who accepted the amount and handed over the fake document.

4.

According to the learned counsel for the applicant, the version advanced by the Investigating Officer, is not correct, as the applicant was not involved in the crime. He submitted that the chain tried to be established by the investigating agency through accused No. 1 and then Sangharsh Meshram has several missing links, which shows the absence of prima-facie cases. He further submitted that as per order passed by this Court on 17/03/2026 and 17/04/2026, he has attended the concerned police station.

5.

Per contra, the learned APP for the State has submitted that offence involved is serious, but he has fairly contended that applicant has attended the police station and has cooperated the investigating agency.

6.

With the help of respective learned counsels, I have gone through the record of the case. In the FIR, the

3 21) ABA 203-2026.odt applicant was not named. It was the principal accused in the FIR, who took name of Sangharsh Meshram, who was summoned by the investigating agency. The said Sangharsh Meshram then disclosed the name of present applicant. The record further shows that the entire case is based on the documentary evidence and the material is already seized by the investigating agency. The applicant has attended the police station and has cooperated the investigating agency. Since learned counsel for the applicant has also stated that the applicant has no criminal antecedent and in view of the discussion made above, the following order is passed:-

ORDER

i) The Criminal Application (ABA) is allowed. ii) The order passed by this Court dated 17/03/2026, granting ad-interim anticipatory bail, is confirmed. iii) In the event of arrest, in connection with Crime No. No. 57/2025, dated 26/03/2025, registered with Police Station Durgapur, District Chandrapur for the offence punishable under Sections 340(2), 336(3) and 318(4) of the Bharatiya Nyaya Sanhita, 2023, the applicant shall be released on bail on furnishing P.R. bond of Rs. 55000/- (Rupees Fifty Five Thousand Only) with one solvent surety in the like amount.

iv) The applicant shall attend the concerned Police Station as and when called by the investigating officer, till filing of the charge-sheet.

4 21) ABA 203-2026.odt v) The applicant shall cooperate with the investigating agency and shall not tamper with the prosecution evidence or influence the witnesses directly or indirectly. vi) The applicant shall not leave the India without prior permission of the Court.

vii) Accordingly, the Application stands disposed of. (RAJNISH R. VYAS, J.) B.T.K.

Signed by: Mr. B.T. Khapekar Designation: PA To Honourable Judge Date: 24/04/2026 20:36:45