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MHNS010029812022
Order below Exh. 1 in Criminal Bail
Application No. 749/2022.
1.

This is an application moved by the applicant/accused Smt.

Mangal Sanjay Wagh 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 and 467 r/w section
34 of the Indian Penal Code.
2.

It is submitted by the accused that she has been falsely
implicated. On considering the complaint it is seen that investigation is
completed. Accused being women she be released on bail in stead of
detention as per the provisions of section 437 of Cr.P.C. Earlier bail
application has been rejected. Now charge­sheet has been filed trial will
take time as not less than 15 witnesses have been listed. All the offences
are punishable by the JMFC Court. She is ready to abide by the terms and
conditions imposed on her. Hence, prayed to allow the application.
3.

Say was called of the investigating officer. He has objected
this application on the count that, accused has prepared bogus documents
and filed it before the various Courts for surety purpose to ten accused of
different offences and cheated the Courts. Accused along with wanted
accused are absconding since filing of the FIR. Their where abouts are not
known and she has main role in the crime. If accused is released on bail
she will help the wanted accused. She along with absconding accused
have in connivance with each other prepared false documents. If she is
released on bail she will cause obstacles in the investigation. Hence,
prayed that application be rejected.

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4.

Heard Ld. APP and Ld. Advocate for accused. It is submitted
by the Advocate for accused that investigation is completed, charge­sheet
has been filed, hence, no purpose would be served to keep the accused
behind bar as trial will take time. Accused is poor and has no financial
backing, hence, prayed that bail be granted.
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 her photograph. 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.

Now consider the say of investigating officer and the nature of
offence levelled against the accused it is seen that, investigation is in
progress wanted accused who are involved in the present offence of
creating forged documents and assisting the accused in furnishing surety
are yet to be arrested. The manner in which accused has acted as surety
for various accused in various Courts reflects the magnitude of the offence.
If accused is released on bail there is possibility that she 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.
Sd/­xxx
Nashik.
Date : 21/06/2022.

(V.S.Malkalpatte­Reddy)
Additional Sessions Judge, Nashik.