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IN THE COURT OF SESSIONS FOR GREATER MUMBAI AT MUMBAI
CRIMINAL BAIL APPLICATION NO.845 OF 2022
CNR NO. MHCC020047532022
Dr. Anil Bhau Nandoskar,
Age : 70 years, Occ : Practicing Doctor
R/at : Room No.L 12/303, Third floor,
Vignaharta C.H.S., Pratiksha Nagar,
Sion, Mumbai – 400 022.
]
]
]
]
]…Applicant/Accused
Vs.
The State of Maharashtra
(At the instance of Mautnga Pol. Stn.)
]
]…Respondent/State
Appearances :
Mr. Silvin Kale, Ld. Advocate for the Applicant/Accused.
Ms. Ratnavali Patil, Ld. APP for the Respondent/State.
CORAM : H. H. THE ADDL. SESSIONS JUDGE,
SHRI B.V. WAGH
(C.R. NO.24)
ST
DATED : 21 APRIL, 2022.
(ORAL ORDER)
Dictated and pronounced in the open Court)
The applicant seek his release on bail under Section 439 of
Cr. P.C. in connection with C.R. No.561/2021 registered with Matunga
Police Station for the offences punishable under Sections 304, 201, 182,
120(B), 495, 504, 506 of the Indian Penal Code.
2.
Aforesaid crime emerged from the report dated 15.12.2021
lodged by Natasha Sethna alleging therein that she is only daughter to
her parents. After her marriage, she is residing with her husband. In the
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year 2016, after demise of her mother, her father was residing lonely in
the house. Her father employed the applicant as his caretaker. Since
then applicant is residing in the house as Caretaker. It is alleged that
when informant made a call to her father, applicant creates hurdle and
did not permit her father to speak with her. It so happened that on
8.10.2020, she received information from her relatives that her father is
serious. When she made phone call to her family doctor, he informed
that her father is no more. When she went at cremation ground, she
noticed contusion and bruises on head of her father. When she reasoned
applicant, she did not answer. Later on, she learn some foulplay. On
digging deep, it came fore that applicant is responsible for death of her
father and she prepared false Death Certificate showing natural death of
her father. It also came fore that the applicant managed to convert her
status as a caretaker into legally wedded wife of deceased and grabbed
the property of deceased. On the basis of above mentioned information,
the aforesaid crime is registered. During the course of investigation, the
role of applicant came fore as a creator of a fake document of natural
death and forbid from conducting autopsy of the deceased.
3.
The Ld. Advocate for the applicant urged that applicant is
innocent and falsely framed in given case. He urged that the applicant is
Doctor by profession. Applicant is senior citizen and suffering from old
age ailment. During period of Covid pandemic, applicant used to serve
people and issue Death Certificate. He urged that accused Nos.1 and 2
hatched conspiracy and instead of taking care of victim, let him died in
order to hold his property. The role attributed to the applicant is that he
issued fake death certificate to accused Nos.1 and 2. No overact in the
alleged case played by the applicant. Main accused are released on bail.
There is no criminal antecedent against the applicant. As such, further
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incarceration is unwarranted. Lastly, he prayed to released applicant on
bail.
4.
Ld. Prosecutor resisted the application by filing say Exh.2 and
inter alia contended that there is prima facie case against the applicant
who issued fake death certificate of the deceased to accused Nos.1 and 2.
Lastly, she prayed to reject the application.
5.
Heard both the sides and perused investigation papers.
6.
Survey of the investigation papers indicates that the role of
applicant is of issuing fake death certificate of deceased. The allegation
pertains to applicant is related to the document which is already seized
by the investigator. The applicant was arrested on 29.03.2022 and after
going through police custody, he is brought back to judicial custody on
1.04.2022. It appears that investigation is considerably progressed. No
criminal antecedents has been demonstrated against the applicant.
Considering the nature of allegation, main accused are released on bail,
applicant being senior citizen and investigation is considerably
progressed, further detention of the applicant is unwarranted. Hence,
the following order :
ORDER
1.
Criminal Bail Application No.845 of 2022 is allowed.
2.
Applicant/accused Dr. Anil Bhau Nandoskar be released on bail
on furnishing P.R. Bond of Rs.15,000/ along with surety of like
amount in connection with C.R. No.561/2021 registered with
Matunga Police Station for the offences punishable under
Sections 304, 201, 182, 120(B), 495, 504, 506 of the Indian
Penal Code.
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3.
Applicant/accused shall furnish his residential address proof and
contact numbers to Investigating Officer.
4.
The applicant/accused shall not directly or indirectly, make any
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts
to the Court or to any Police Officer.
5.
Applicant/accused shall not leave India without the previous
permission of the Court.
6.
Bail before lower Court.
7.
Criminal Bail Application No.845 of 2022 stands disposed of
accordingly.
Date : 21.04.2022
Dictated on
: 21.04.2022
Transcribed on : 21.04.2022
HHJ signed on : 21.04.2022
[B.V. WAGH]
ADDITIONAL SESSIONS JUDGE
GREATER MUMBAI
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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
21.04.2022
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Name of Stenographer
PRAJWALA V. PHODKAR
Name of the Judge (With Court HHJ SHRI. B.V. WAGH (CR 24)
Room No.)
Date of Pronouncement
JUDGMENT /ORDER
of 21.04.2022
JUDGMENT /ORDER signed by 21.04.2022
P.O. on
JUDGMENT /ORDER uploaded 21.04.2022
on