Cri. Bail Appln. No.458 of 2022 (Or. Exh.1) 1

IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK, AT – NASHIK. ( Presided over by Mr. M. H. Shaikh) Criminal Bail Application No.458 of 2022
CNR No. MHNS010016772022

Vasant Changdeo Jagtap
Age : 59 years, Occ.: Doctor
R/o : Darna Camp, 11, M.E.S. Society,
Sainik Society Road, Vijay Nagar, Deolali
Tal. & Dist. Nashik. … Applicant/Accused.

V/S

State of Maharashtra
Through – P.I. Deolali Camp Police Station (C.R. No.I­20/2022) … Respondent/State.

Appearance : Ld. Adv. Shri. Pratik P. Pawar 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 11 th April, 2022)

1.This is an application filed under Section 438 of Criminal Procedure Code for grant of anticipatory bail in C. R. No.I­20/2022 registered with the respondent Deolali Camp Police Station for an offence punishable under Sections 419, 420, 467, 468, 471 and 120 (B) of the Indian Penal Code.

2.Read the application and an affidavit filed in its support.

Perused the say filed by the respondent at Exh.5. Heard Ld. Advocate for applicant, Ld. A.P.P. for State and the I.O. in person. So also gone through the police­papers produced for inspection by the I.O.

3.Ld. Advocate for applicant submits that, applicant is a Doctor by profession and he had issued a certificate after examining the person and verifying the papers. The applicant is not the beneficiary of the will. The will is not acted upon. Other co­accused are enlarged on anticipatory bail by this Court. Applicant is ready to abide by the terms and conditions. Nothing is to be recovered or discovered at the instance of applicant. Custodial interrogation is not necessary. Therefore, prayed to allow the application.

4.Ld. A.P.P. submits that, at the instance of one Shri. Gaikawad, the applicant without examining the person, issued the certificate, which is not proper on his part being a Doctor. Investigation is in progress. Therefore, prayed to reject the application.

5.Upon hearing and going through the material placed on record, what can be gathered is that the main accused i.e. Shaukat Abdul Raheman Khan and Mustafa Salim Khan Pathan, who are accused Nos.1 and 2 came to be enlarged on anticipatory bail by the Court in Criminal Bail Application Nos.361 and No.366 of 2021 on certain conditions. Perusal of the allegations reflect that, the applicant issued the fitness certificate on the say of one Shri. Gaikwad without examining the patient of whom the fitness certificate was issued. Except this, there is no role of the applicant in the said Crime. Applicant is not the beneficiary of the said will. Custodial interrogation is not necessary.

Nothing is to be recovered or discovered at the instance of the applicant. Main accused persons have been granted pre­arrest bail.

Therefore, this Court finds that, by imposing certain conditions the application can be allowed. Hence, the order.

O R D E R
1.Criminal Bail Application No.458 of 2022 is allowed.

2.Applicant Vasant Changdeo Jagtap be released on bail in connection with C. R. No.I­20/2022 registered with the respondent Deolali Camp Police Station for an offence punishable under Sections 419, 420, 467, 468, 471 and 120 (B) of the Indian Penal Code of the Indian Penal Code on his executing a personal bond of Rs.15,000/­ with solvent surety to the satisfaction of the Investigating Officer.

3.Applicant not to commit similar act in future.

4.Applicant to attend the respondent Police Station before the I.O. as and when he calls under prior written intimation.

5.In above terms, the Criminal Bail Application No.458/2022 stands disposed off accordingly.

Digitally signed by MUSHTAQUE MUSHTAQUE HUSSAIN HUSSAIN SHAIKH SHAIKH Date: 2022.04.11 17:18:38 +0530 Place : Nashik. (M. H. Shaikh) Date : 11/04/2022 Additional Sessions Judge, Nashik.