Criminal Bail Application No. 615 / 2022
Javed Pinjari – State
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Criminal Bail Application No. 615 / 2022
Javed Rasul Pinjari – State
MHNS010023892022
Order below Exh.1
(Delivered on this 25th Day of May, 2022)
This is application for bail U / Sec. 439 of CrPC.
2)
Heard Learned Adv. Shri Rajesh Avhad for applicant /
accused. Heard Learned APP Smt. Aparna Patil for State. Heard IO
Shri Nitin Khairnar from Sarkarwada Police Station. Perused Say of
IO (Exh.5, Dt.25.05.2022). Perused Record.
FIR :
3)
On 05.04.2022 Ravindra Gangadhar Gadekar, Asst.
Superintendent, Court of the Learned Chief Judicial Magistrate,
Nashik, lodged complaint with Sarkarwada Police Station, stating that,
applicant / accused Javed Pinjari and other persons are involved in
preparing forged documents for the purpose of furnishing sureties in
the Sessions Court and JMFC Courts at Nashik. Accordingly, Crime
No. 73 / 2022, U / Sec. 419, 420, 466, 467, 468, 471 of IPC is
registered at said Police Station.
Case of the Applicant / Accused :
4)
The Learned Counsel Shri Rajesh Avhad argued that,
alleged incidents of forgery are from March 2021 to October 2021.
Thereafter, FIR is lodged on 05.04.2022. There is no explanation in
Column No. 8 of the FIR regarding said delay. Thereafter, applicant /
accused was arrested on 21.04.2022. During his custodial period, no
recovery was made from him, which points that he has been falsely
implicated in the Crime. Now applicant / accused is in magisterial
custody and is not required for investigation. Whatever, documents
are required to be recovered, are part and parcel of various cases in the
Court. So, there is no possibility of its destruction at the hands of
applicant / accused. All offenses are triable by the Court of JMFC.
Criminal Bail Application No. 615 / 2022
Javed Pinjari – State
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Applicant / accused is illiterate person who can only sign. He is only
earning member of his family and is ready to abide all conditions.
Hence, he be released on bail.
Objections raised by the Prosecution :
5)
Learned APP and IO opposed bail on the ground that,
applicant and his team is running Surety-scheme in the premises of
District Curt, Nashik. They have prepared prepared fabricated Adhar
Cards, Revenue extracts and have submitted them for furnishing bail
in as many as in 81 cases in various Sessions Court and JMFC Court.
Other 7 co-accused are yet to be arrested. If applicant / accused is
released, then he will help the co-accused from evading arrest. It will
hamper investigation. Hence, application be rejected.
Conclusion :
6)
Allegation are that, applicant and his team is involved in
preparing forged and fabricated documents of public nature. Through
those documents, they impersonated themselves as different sureties
in as many as 81 Cases in Sessions Courts and JMFC Courts in
Nashik. Thereby, through illegal means and illegal procedure, the
applicant and his team has secured release of various accused persons
in various trials. Thereby, applicant and his team has interfered in the
administration of justice. Considering the nature of offence and fact
that investigation is in progress, the applicant / accused is not entitled
for bail, at this stage. Hence, following order is passed.
1.
ORDER
Application (Exh.01) stands rejected.
2.
Applicant be informed about his right to challenge this
Order.
3.
Dictated and pronounced in Open Court.
Digitally signed
by VIJAY S
HINGNE
Date:
2022.05.26
12:14:26 +0530
Nashik
Dated : 25.05.2021
(Vijay S. Hingne)
I / c District Judge – 7 &
Additional Sessions Judge, Nashik.
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