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MHNS010055492022
Order below Exh. 1 in Criminal Anticipatory Bail
Application No. 1326/2022.
1.

This is an anticipatory bail application preferred by
applicants (1) Digambar Madhukar Borade, (2) Madhukar Murlidhar
Borade, (3) Roshan Dilip Jadhav and (4) Vijay Tukaram Nere for bail
under section 438 of Cr.P.C. in C.R. No.79/2022 registered in
Upnagar Police Station, Nashik for the offence punishable under
sections 420, 468, 479 r/w section 34 of the Indian Penal Code.
2.

In short, the case of the prosecution is that, complainant
have filed private complaint bearing no. 98/2022 by contending that
applicant in connivance with each other have forged her signature by
giving cheque and forged documents have transferred tanker bearing
no. MH­15­HH­7333 and MH­43­U­3635 and caused financial loss of
Rs.77,00,000/­. FIR was registered on the basis of the complaint.
Hence, this report.
3.

Applicants have sought pre­arrest bail on the ground that
complainant is a daughter­in­law of applicant no. 2 and sister­in­law
of applicant no. 1. Other accused are relatives. Complainant has
also filed another complaint u/s. 498 of IPC. Tender for petrol pump
was issued which was obtained in the name of the complainant as it
was reserved for female category. On the land of applicant no. 1 the
petrol pump was sanctioned. However, factually applicant no. 1 was
managing the petrol pump. Father­in­law of the complainant has
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allotted one flat and one independent grocery shop to the
complainant and her husband. Capital was raised by applicant no. 1
and 2 as complainant had no independent source of income.
Husband of the complainant wanted share income in the petrol
pump. So he started quarreling with the applicants and filed u/s.498
of IPC case against them. The vehicles i.e. two tanker and fortuner
vehicle were purchased in the name of complainant though the
amount was paid by applicant no. 1 and 2.

Allegations are made
that applicant no. 1 has transferred Rs.42,00,000/­ in his account
from the account of petrol pump and fortuner vehicle was
transferred by making duplicate signature of the complainant. Civil
litigation is pending between the family members. There was
counseling before the Court and complainant and her husband came
to the petrol pump and tress­pass the boundaries of the petrol pump
and encroached into the premises with the help of 15 bouncers.
Complainant has recorded the senario in the camera for creating
evidence. They have been falsely implicated. Hence, prayed that
application be allowed.
4.

Say was called of the Investigating Officer.

He has
objected this application on the grounds that documents and natural
handwriting has been taken from the documents which has been sent
to handwriting expert and their report is awaited. For verification of
the document presence of accused is essential. They have to inquire
about the transfer made of the tanker MH­43­U­3635 with respect to
forged document. If bail is granted they will not remain present for
the trial, hence, prayed that they have objection to the present
application.

They also contend that accused persons have
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cooperated in the investigation and the investigation is in progress.
5.

Heard Ld. APP for the State and Ld. Advocate for accused
in detail. It is submitted by the Advocate for the accused that there is
quarrel in the family for partition. Petrol pump was obtained in the
name of complainant as it was to be allotted to lady. Father of the
applicant no. 1 has already partitioned his property, however,
complainant wanted the petrol pump for which she has raised
grievance about forgery of signature on the cheque and transfer of
vehicle. Matter is of civil dispute given the colour of criminal case.
Applicants have cooperated in the investigation. Hence, prayed that
bail be granted as they will abide by the all the terms and conditions.
6.

On the other hand Ld. APP has objected this application
on the count that attempt was made to sell the fortuner car and the
signatures of the complainant were forged to that behalf, hence,
prayed that application be rejected.
7.

On perusal of the case papers as well as the say of I.O. it
is seen that already the handwriting of the complainant and the
accused has been sent for the opinion of handwriting expert and the
report is awaited. Furthermore, documents have been called from
the bank as well as the RTO. Investigating officer has categorically
stated that presence of the accused is required while examining the
documents, however, it is seen that disputed documents have been
sent for opinion of the handwriting expert. Nothing remains to be
investigated from the applicants. Applicants are cooperating in the
investigation.

Offence is not punishable with death or life.

Applicants are resident of the given address i.e. Nashik and Dhule.

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Investigating officer has not alleged that applicants are not
remaining present, hence, custodial interrogation of the applicants is
not essential. Hence, I proceed to pass following order :­
ORDER
1.

The application is allowed.

2.

The applicants/accused (1) Digambar Madhukar Borade, (2)
Madhukar Murlidhar Borade, (3) Roshan Dilip Jadhav and (4)
Vijay Tukaram Nere involved in C.R.No. I­79/2022 registered
in Upnagar Police Station for the offence punishable under
section 420, 468, 479 r/w section 34 of the Indian Penal Code,
be released on anticipatory bail on their executing P.R. and S.B.
of Rs.15,000/­ (Rupees Fifteen Thousand Only) each with one
surety.

3.

The applicants/accused shall attend the police station every
Monday and Friday between 11.00 a.m. to 1.00 p.m. till filing
of charge­sheet.

4.

The applicants/accused shall co­operate the investigating
agency as and when called at the police station.

5.

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 or tamper with
the evidence.

6.

In the event of violation of any terms, Investigating Officer is at
liberty to take appropriate steps under section 439(2) of
Cr.P.C.

7.

In case of change of address applicants to inform the
Investigating Officer about the same.

Nashik.
Date : 08/11/2022.

Sd/­xxx
(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.