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Cri. Bail Appln. No.526 of 2022 (Or Exh.1)
IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.526 of 2022
CNR No.MHNS010020822022
Shamarao Ashruba Gite
Age : 47 years, Occ : Service
R/o : At­Dhotra, Post­Sangavi,
Tal. Kaij, Dist. Beed.
C/o : Nanded, District Prison,
Dist. Nanded.

… Applicant
V/S
State of Maharashtra
Through – P.I. Nashik Road
Police Station, Nashik
(CR. No.I­116/2022)
.. Respondent/State.

Appearance :
Ld. Adv. Shri. Lalit R. Nikam for Applicant.
Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent/State.
Shri. R. S. Muntode, PSI (I.O.) present.

ORDER BELOW EXH. No.1
(Delivered on 10th May, 2022)
1.

This is an application filed under Section 438 of Criminal
Procedure Code for grant of bail in CR No.I­116/2022 registered
with the respondent Nashik­Road Police Station for an offence
punishable under Sections 467, 468 and 471 r/w 34 of the Indian
Penal Code.

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2.

Cri. Bail Appln. No.526 of 2022 (Or Exh.1)
Perusal of the F.I.R. reflects that, applicant and other
two accused being the Officers of Jail Authority in collusion with each
other for their personal monetary gains scratches and changed the
dates in the Register No.3 and No.6, which was in their possession, so
as to benefit the intimates of Jail for their pre­mature release.
3.

It is the case of the applicant that, he is accused No.1 in
the said Crime and Jailor, Grade­I and was appointed at Nashik­Road
Jail from May­2016 till 24.03.2019 at Judicial Section in Nashik­
Road Jail. Case is based on documents. All the documents are with
the Jail Authority. Nothing is to be recovered or discovered at the
instance of applicant. Applicant is ready to abide by the terms and
conditions. Therefore, prayed to allow the application.
4.

Respondent filed their say vide Exh.05 and objected on
the ground that, investigation is at preliminary stage, whatever
investigation is carried­out, the involvement of this applicant
alongwith other co­accused is found. The Register No.3 and No.6 are
to be seized, which is not traceable in the Jail. So also the documents
pertaining to leave record of the prisoners. The offence alleged is
serious in nature. Custodial interrogation is necessary. Therefore,
prayed to reject the application.
5.

Heard Ld. Advocate for applicant and Ld. A.P.P. for
State. Gone through the contents of the F.I.R. and the authorities
relied by Ld. Advocate for the applicant. So also the police­paper
produced for inspection.

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6.

Cri. Bail Appln. No.526 of 2022 (Or Exh.1)
Upon hearing and going through the material placed on
record, what can be gathered is that the applicant was serving in
Nashik­Road Jail, at the relevant time, in the Judicial Section. The
Register No.3 and No.6 pertains to the entry of the prisoners and
after completion of sentence. Both these registers i.e. No.3 and No.6
though are in custody as per the rules with Jailor, Grade­I still the
actual entries were made by the applicant and the other accused
persons. In the preliminary investigation, the Jailor, Grade­I Mr. Sali’s
name has also cropped­up as per the I.O., which is the allegation of
this applicant that, there is a political rivalry in the Jail. There is a
statement of the prisoner, who has name the applicant and other
accused persons, who have taken money to release the prisoners pre­
maturely. This Court finds that the registers and the leave record,
which are not traceable with the Jail, for that and for the correction
and the whitener, which were made in the registers in that regard,
interrogation of the applicant is necessary by the Police.
7.

For the forgoing reasons and discussions and in the
above facts and circumstances of this case, this Court finds that, the
discretion of bail can not be invoked in favour of the applicant. In the
result, the following order is passed.
ORDER
Criminal Bail Application No.526/2022 stands
and disposed off accordingly.
MUSHTAQUE
HUSSAIN
SHAIKH
Place : Nashik.
Date : 10/05/2022
Digitally signed by
MUSHTAQUE HUSSAIN
SHAIKH
Date: 2022.05.10
17:47:44 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.