Cri.B.A.No.1185/2022 Order below Exh.01 in Cri.B.A.No.1185/2022 CNR No.MHNS010050892022
(Niranjan Bharat Kasurde vs. State)
The applicant has preferred this application for anticipatory bail praying therein that he may be released on bail in the event of arrest in connection with Cr.No.I73/2019 registered with Ambad P.S. for the offence pun. U/s.463, 464, 465, 466, 471 and 473 of IPC on the basis of FIR lodged by Ashok Marutirao Kare.
2. Bail application is filed on the ground that the applicant is innocent and has been falsely implicated in the case. That all the offences except Sec.466 of IPC are bailable in nature. That the offences were registered in the year 2019 and since then there is no communication to the applicant regarding registration of said offences. There has been considerable delay in investigation and all relevant documents have been seized by Investigating officer.
Investigation is completed. That applicant is a Government servant.
He is permanent resident of Mumbai and will not abscond. He is ready to cooperate investigation machinery. He is ready to abide by all the terms and conditions which shall be imposed. There are no criminal antecedents against him. On these main grounds and others have prayed for bail.
3.Notice was issued to State. State appeared through Ld. APP Mr. Kotwal and filed say resisting for grant of application on the grounds that the applicant is serving with Maharashtra Pollution Control Board as a clerk. That accused has sent information in respect of licence to accused No.1 on Whatsapp. Before registration of crime, accused has issued EWest type licence to accused No.1.
The investigation, with respect how the accused has got office seal and from where, is to be done for which custodial interrogation is necessary. The accused has not given any information how he did bogus signature of officer. Investigation about help from other Senior officers in issuing bogus licence, coaccused, is to be done.
Accused no.1 has given information that money is being transferred to the bank account of the accused. On these main grounds and others have prayed for rejection of the bail application.
4.Heard Ld. Advocate Mr.Vaishampayan for applicant. Perused bail application. Heard Ld. APP Mr.Kotwal. Perused police papers and say filed by Ambad police station.
5. On perusal of FIR, it can be gathered that MLA has written letter to Maharashtra Pollution Control Board, Nashik inquiring with the department whether licence No.MPCB/RONK/CON769/2013 dated 7.10.2013 is issued to Garib Nawaj, Proprietor of Scrap Enterprises. The department inquired and came to the conclusion that no such licence has been issued.
Accordingly, offence is registered against Garib Nawaj, Proprietor of Scrap Enterprises for the offence punishable under Sec.463, 464, 465 of IPC.
6.Sec.463 of IPC defines forgery whereas Sec. 464 of IPC defines making a false document. Sec.465 of IPC deals with punishment for forgery. The said offence is noncognizable and bailable. It is difficult to digest that how police machinery can take cognizance without permission of Ld. Magistrate. On perusal of case papers, permission from the Ld. Magistrate under Sec.155(2) of Cr.P.C. is not found. Be as it may be, the investigation has proceeded and now investigating officer has added Sec. 471, 466, 468, 473 r/w 34 of IPC.
7.The role assigned to present applicant is that he has provided this forged licence to the accused No.1. He allegedly sent this on whatsapp.
8.The Investigating officer has recorded statement of one Kadam on 23.4.2022, after the span of 3 years having disclosed that the applicant told him to accept the amount which will be deposited by his friend. Accordingly, he has received amount of Rs.48,000/and Rs.22,000/. On inquiry, with Investigating Officer about the bank details, he submitted that bank documents are not in the case paper. After perusal of case papers, no bank details of Kadam are found.
9.The forged document is of the year 2013. The MLA has written letter to Maharashtra Pollution Control Board on 18.7.2016.
FIR is lodged in the year 2019 and Investigating Officer desired to arrest the accused in the year 2022. The Investigating Officer has recorded statement of the applicant. He has denied the allegation.
The prime accused Tahir Ali Mohammad Idris Chaudhari has already surrendered himself before CJM in the year 2019 and is released on bail. On inquiry with Investigating Officer, the purpose of police custody, he submitted that he wants to recover the stamp and seal from the applicant which are applied on the forged document. Already as stated herein above, statement of the applicant is recorded. More than that, three years are now passed from the date of registration of FIR. Thus, considering the above discussion, purpose of Investigating Officer can be served by putting the applicant to attendance at the police station. Thus, on certain terms and conditions, the discretion can be exercised in favour of the applicant. Hence, following order is passed :
ORDER
(1). Application is allowed.
(2). In the event of arrest of the applicant Niranjan Bharat Kasurde in connection with Cr.No.I73/2019 registered with Ambad P.S. for the offence pun. U/s.463, 464, 465, 466, 468, 471 and 473 of IPC
on the basis of FIR lodged by Ashok Marutirao Kare the above named applicant be released on bail, on furnishing a PR and SB of Rs. 15,000/ ( Rupees Fifteen Thousand only), with one surety of like amount on following conditions.
(a). He shall attend concern Police Station on every Monday and Thursday between 11.00 a.m. to 1.00 p.m. till filing of the charge sheet.
(b). He 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 them from disclosing such facts to the Court or to any police officer.
(c). Violation of any of the above mentioned condition, would result in cancellation of bail.
(3). Inform concerned police station accordingly.
VARDHAN Digitally signed by VARDHAN PRATAPRAO PRATAPRAO DESAI DESAI Date: 2022.10.11 12:00:19 +0530 Nashik. ( V. P. Desai) Date : 10.10.2022 Additional Sessions Judge, Nashik.