MHNS010051232022 Order below Exh. 1 in Criminal Bail Application No.1189/2022

1.This is an application moved by the applicant/accused Javed Rasul Pinjari under section 439 of the Code of Criminal Procedure in C.R.No.I­73/2022 registered against accused at Sarkarwada Police Station for the offence punishable under section 420, 419, 466, 467, 468 and 471
of the Indian Penal Code.

2.It is submitted by the accused that he is the sole earning member of his family. Earlier bail application was rejected on the count that investigation was in progress. Now investigation has been completed.

Charge­sheet has been filed, hence, there is no question of further investigation or recovery. Accused has not prepared any forged document nor he himself has act as surety. Hence, there is no question of cheating.

Accused is in jail since 21.04.2022. No purpose would be served in keeping him in jail. He is ready to abide by all the terms and conditions.

Hence, prayed that bail be granted.

3.Say was called of the investigating officer. He has objected this application on the count that, forged document has been submitted by the accused and bail was granted to many accused on the basis of forged Adhar Card, 7/12 extract and cheated various Courts in Nashik. Wanted accused is absconding since registration of the offence. His presence is not being secured and he has main role in the offence. If the accused is released on bail he has likely to help the accused. Accused along with wanted accused in connivance with each other have prepared bogus document. Hence, if he will release on bail he will commit similar type of offence. Already charge­sheet has been filed. Hence, prayed that application be rejected.

4.Heard Ld. APP and Ld. Advocate for accused. It is submitted by the Advocate for accused that nothing has been recovered from the present accused. All the statements of the witnesses are cyclostyle. The relatives got the surety and furnished the same in the Court. In house search of the accused nothing incriminating was found. Witnesses are Court staff and police, hence, there is no question of tampering them. All the offences are triable by JMFC, hence, prayed that bail be granted. On the other hand LD. APP has objected this application that serious offences has been committed by the accused by furnishing surety in various courts in Nashik. Wanted accused who is main accused is still absconding and if released on bail he will help him in fleeing away. Hence, prayed that application be rejected.

5.Investigating Officer and Ld. APP for the state have strongly objected this application on the ground that accused with the support of wanted accused no. 12 and 13 has obtained the online 7/12 extracts in the name of women and using their names prepared forged Adhar Card by pasting photograph of accused no.1. She induced the Advocates that it is true and stood surety to various accused in various Courts and cheated. It is pertinent to state that investigating officer has filed the charge­sheet as the period by keeping the investigation pending under section 173(8) of Cr.P.C. as wanted accused were yet to be arrested.

6.On considering the contention of investigating officer and the nature of offence leveled against the accused it is seen that, even though the charge­sheet has been filed wanted accused is yet to be accosted.

Considering the magnitude of the offence and the role attributed to the present accused it is seen that the present accused for obtaining bail of number of accused took accused no. 1 for obtaining on­line 7/12 extracts of 10 female from accused no. 12 and 13. By using the name of the witness prepared false Adhar Card, pasted the photograph of accused no. 1 and represented to the Advocate that they are true and correct.

Considering the contentions made against the present accused it is clear that accused has played vital role in commission of the offence. Accused has knowingly prepared the documents and furnish in various court to obtain bail for various accused which is serious aspect. In such circumstances if accused is released on bail there is possibility that he will assist the wanted accused to flee away which will cause delay in locating the wanted accused. Offence under section 467 of the IPC is punishable with life imprisonment, hence, considering all the above factors I am not inclined to released the accused on bail. Hence, following order is passed :­

ORDER

Application is hereby rejected. Nashik.

(V.S.Malkalpatte­Reddy) Date : 03/10/2022. Additional Sessions Judge, Nashik.