MHNS010044002022
Order below Exh.1 in Criminal Bail
Application No. 1028/2022.
1]
This is an application preferred by applicant Suresh Keshavrao
Kale for bail under section 439 of Cr.P.C. in C.R. No. I184/2022
registered in Mumbai Naka Police Station, Nashik for the offence
punishable under sections 420, 465, 467, 468, 471 r/w section 34 of the
Indian Penal Code.
2.
It is submitted by the accused that he has no involvement
directly or indirectly. He has been falsely implicated. FIR does not reflect
the involvement of the present accused. Accused is 72 years old and he is
taking treatment from orthopedic doctor since 2017.
Accused is in
custody since 15/08/2022. Nothing has been recovered from him. He did
not acquire any financial benefit. He has been falsely implicated. He has
no antecedents. He is ready to abide by all the terms and condition.
Hence, prayed that application is allowed.
3.
Say was called of the investigating officer. He has objected
this application on the count that, offence has been committed with
suspected accused Nilesh Murtadank, Ajinkya Supe and Mukesh Gangurde
who are not found yet. Wanted accused are yet to be arrested. If accused
is released on bail he will threaten the witnesses and tamper with the
evidence. Hence, prayed that application be rejected.
4.
Heard Ld. APP and Ld. Advocate for accused.
Much
contention has been made by the advocate for the accused that
investigation is completed.
Names of the wanted accused are already
stated. Accused has not been benefited by the transaction, hence, prayed
that bail be granted.
5.
On perusing the FIR it is seen that property of the
complainant was sold by impersonation by the present accused. Not only
did the accused present himself before the Registrar that he is the
complainant even he has prepared forged and fabricated documents of the
complainant i.e. Pan Card and Adhar Card and thus transferred the
property of the complainant. Payment of cheque amount has been made in
the bank account opened by the present accused which has been
withdrawn which reflects his intention. The role attributed to the present
accused is
serious in nature.
Involvement of other accused is also
transpired in the investigation who are yet to be arrested. Investigation is
in progress.
No ground has been made to consider the present
application. Hence, I am not inclined to released the accused on bail and
proceed to pass following order :
ORDER
Application is hereby rejected.
Sd/xxx
Nashik.
Date : 23/08/2022.
(V.S.MalkalpatteReddy)
Additional Sessions Judge,
Nashik.