1
Cri. Bail Application No. 597 of 2022
ORDER BELOW EX. 01 IN CRIMINAL BAIL APPLICATION
NO. 597 OF 2022
{Shri. Shravan Kacharu Shelke and others Vs. The State of Maharashtra
through Sarkarwada Police Station}
This is an application under section 438 of the Criminal
Procedure Code, 1973 for grant of anticipatory bail in crime No. 89 of
2022 registered with Sarkarwada Police Station for the offence
punishable under sections 420, 406, 467, 468, 471 of the I. P. C.
02]
The applicants contended that they have not committed any
offence. The case is based upon the documentary evidence and the
documents are duly registered. The complainant has no locus standi to
file the complaint. She is just blackmailing them. She has filed such
complaint before Police Commissioner, Nashik and at Police Station,
Nashik in the year 2021. But, her complaint was disposed off having no
substance. The transfer took place in the year 2005 and after 17 years,
she is filing such false complaint. The applicant nos. 1 and 2 are old
aged and having physical ailments. They have deep roots in the society.
They are ready to cooperate the investigation. They have prayed for
grant of anticipatory bail.
03]
APP filed say at Ex. 11 and I. O. filed say at Ex. 10. They
have stated that the main accused is Chandreshekhar Madavrao Ayachit
and he prepared forged document of development agreement and power
of attorney. Out of seven people, three people were impersonated and
those people were cheated. The accused Shrawan Kacharu Shelke and
Abhijit Bhalerao are the impersonated people in the place of original
people and they actively helped the main accused. Specific allegations
are against them. The accused have cheated the complainant and the
witnesses. The offence is complicated and custodial interrogation of the
accused is required. Hence, they have prayed for rejection of bail.
04]
Heard the learned counsel for the accused and learned APP.
They have argued as per the above stand taken. Also, the complainant
2
appeared through advocate and her advocate also resisted the
application and prayed for rejection of the bail.
05]
I have gone through application, say, documents,
arguments and Police papers. Primafacie, it appears to the court that
the accused no. 1 and accused nos. 28 and 29 are the main accused
in this case and they appear to have prepared forged document in the
nature of development agreement and power of attorney by
impersonating three persons, who alleged to have shares in the said
property. Out of the three applicants, applicant nos. 1 and 3 are the
said impersonated people in the place of original people. They are in
hand in glove with the accused no. 1. Their act is intentional and
with preplanning. The offence is of serious nature and the
punishment is severe. Their custodial interrogation is required.
Looking to the seriousness of the offence and the offence is a white
collar crime, they are not entitled for anticipatory bail. But, the
investigation officer and the record does not points towards
any
offence committed by applicant no. 2 Avinash Bhaguji Bhalerao. So,
he is entitled for anticipatory bail. Hence, the following order:
ORDER
01] Application is rejected for accused Shrawan Kacharu
Shelke and Abhijit Avinash Bhalerao.
02] The application is allowed for Avinash Bhaguji
Bhalerao
03] In the event of arrest, the accused namely Avinash
Bhaguji Bhalerao be released on anticipatory bail on
executing personal bond of Rs. 15,000/ with one or
more surety in the likewise amount in crime No. 89 of
2022 registered with Sarkarwada Police Station for
the offence punishable under sections 420, 406, 467,
468, 471 of the I. P. C., to the satisfaction of I. O.
04] The accused shall attend the concerned police station
on 28.05.2022 and 29.05.2022 in between 11.00 a.m.
3
to 02.00 p.m. and shall attend the police station as
and when his attendance is required by the police.
05] 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
him from disclosing such facts to the court or to any
police officer to tamper with the evidence.
06] He shall not tamper the prosecution evidence in any
manner.
07] He shall not leave India without permission of this
court.
08] He shall not commit similar type of offence.
09] He shall furnish his detailed address with proof and
his mobile number.
Date : 26.05.2022
(R. R. Rathi)
I/c. Additional Sessions Judge7,
Nashik.