Cri. Bail Appln. No.743 of 2022 (Or. Exh.1)
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IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.743 of 2022
CNR No.MHNS010029622022
Tabassum Irfan Shaikh
Age : 47 years, Occ.: Housewife
R/o : 101, Deolali Plaza, Lam Road,
Deolali Camp, Tal. & Dist. Nashik.

… Applicant/Accused.

V/S
State of Maharashtra
Through – P.I. Deolali Camp
Police Station (C.R. No.I­19/2022)
… Respondent/State.

Appearance : Ld. Adv. Shri. A. C. Pradhan for Applicant/Accused.
Ld. Adv. Shri. Sachin Gorwadkar for Respondent.
Shri. P. K. Gite, API (I.O.) is present.
ORDER BELOW EXH. No.1
(Delivered on 22nd June, 2022)
1.

This is an application filed under Section 438 of Criminal
Procedure Code for grant of anticipatory bail in C. R. No.I­19/2022
registered with the respondent Deolali Camp Police Station for an
offence punishable under Sections 120(b), 406, 420, 465, 468 and 474
r/w 34 of the Indian Penal Code.
2.

It is the case of the prosecution that, applicant and other
accused persons had forged the signature of the complainant and
affixed his photo on the said document and used the xerox copy of the
Cri. Bail Appln. No.743 of 2022 (Or. Exh.1)
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document before the Talathi for getting the property transferred in the
name of applicant and her children. In this way, the applicant and the
accused persons have cheated and have committed the Crime.
3.

It is the case of the applicant that, this is the second
anticipatory bail application. Complainant is her husband and dispute is
going on between them. Complainant himself had come to Nashik and
executed a document. After the rejection of first application, the I.O.
had called the applicant at the Police Station and the applicant has
given him the xerox copy of the said document and also gave further
statement that, the original document is not traceable. Therefore, there
is a change in circumstances. Custodial interrogation is not necessary.
Therefore, prayed to allow the application on any terms.
4.

It is the case of the respondent that, the original document
is required to be seized from the custody of the applicant. Therefore,
custodial interrogation is necessary. Therefore, prayed to reject the
application.
5.

Heard Ld Advocate for the applicant and Ld. A.P.P. for
State.
6.

Upon hearing and going through the material placed on
record, what can be gathered is that the I.O. called the applicant after
rejection of the first bail application and recorded the statement of the
applicant. Therefore, the Court made a query to Ld. A.P.P. The I.O. was
absent on the day of hearing. Ld. A.P.P. requested to adjourn the
matter.

Cri. Bail Appln. No.743 of 2022 (Or. Exh.1)
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7.

On the next date the I.O. appeared alongwith the police­
papers. He submitted that, he has called the applicant and has recorded
her statement. The Court asked him the question as to why he did not
arrest the applicant. The I.O. was not in a position to give satisfactory
answer to the question put by the Court.
8.

As far as the maintainability of the second bail application
is concerned, this Court finds that, the act of I.O. calling the applicant
and recording her statement and interrogating her amounts to change
in circumstances because the previous bail application was rejected by
this Court on the ground that, custodial interrogation of the application
is necessary so as to seized the document from her possession. Perusal
of the statement of the applicant recorded now by the I.O. reveals that,
she was having the original document with her, but it is not traceable
now. Therefore, as far as the custody of applicant is concerned, as the
document is not traceable and the I.O. is having a xerox copy of the
same. Therefore, by imposing certain condition the application can be
allowed. Moreover, it is submitted across the bar that, the proceeding
before the Talathi came to be closed and the name of applicant and her
children are not recorded in the record of rights against the property of
the complainant. In the result, the following order.
ORDER
1.

Criminal Bail Application No.743 of 2022 is allowed.

2.

In the event of arrest applicant Tabassum Irfan Shaikh be
released on bail on her executing a personal bond of Rs.15,000/­
with solvent surety in like amount to the satisfaction of the I.O. in
connection with C.R. No.I­19/2022 registered with the
respondent Deolali Camp Police Station for an offence punishable
under Sections 120(b), 406, 420, 465, 468 and 474 r/w 34 of the
Indian Penal Code.

Cri. Bail Appln. No.743 of 2022 (Or. Exh.1)
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3.

Applicant to remain present before the I.O. and co­operate him
in the investigation as and when he calls her under prior written
intimation.

4.

Applicant not to commit similar offence in future.

5.

In the above terms, the Criminal Bail Application No.743 of 2022
is disposed off accordingly.
MUSHTAQUE
HUSSAIN
SHAIKH
Place : Nashik.
Date : 22/06/2022
Digitally signed by
MUSHTAQUE
HUSSAIN SHAIKH
Date: 2022.06.22
16:51:23 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.