Cri Bail Appln. No.1310 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.1310 of 2022
CNR NO.MHNS010055212022
Vivek Ravindra Thackeray
Age : 25 years, Occu.: Service
R/o : Prabhavati Hospital, Shramik
Nagar, Satpur, Nashik.
… Applicant/Accused.
V/S
State of Maharashtra
Through – Nashik Taluka Police Station
(C.R. No. I151/2022)
… Respondent/State.
Appearance : Ld. Adv. Shri. Rajesh D. Avhad for Applicant/Accused.
Ld. A.P.P. Shri. Sachin Gorwadkar for Respondent/State.
I.O., P.I. Nashik Taluka Police Station present.
ORDER BELOW EXH. NO.1
(Delivered on 04th November, 2022)
1.
This is an application under Section 439 of Criminal Procedure
Code for grant of bail in C.R. No. I151/2022 registered with the respondent
Nashik Taluka Police Station for an offence punishable under Sections 420,
467, 468, 471 r/w 34 of the Indian Penal Code
2.
Exh.4.
Read the application and the say filed by the respondent vide
Cri Bail Appln. No.1310 of 2022 (Or. Exh.1)
2
3.
Heard Ld. Advocate for applicant, Ld. A.P.P. for the State and
the I.O. in person.
4.
It is the prosecution case that, for interdistrict transfer of Police,
the accused No.1 had received the applications. Accused No.1 with the help of
accused Nos.2 to 5 and other accused persons, prepared false certificates of the
relatives of the Police, who seek interdistrict transfers. The accused No.1 and
other accused persons alongwith the applicants were instrumental in preparing
the file to be putup before the committee. Applicant has helped the Doctors,
who are accused in this case to issue false certificates. In this way, the
applicant and other accused persons had cheated the Government and prepared
forged documents. Therefore, Crime came to be registered.
5.
It is the case of the applicant that, he is falsely implicated in this
case, investigation in his regard is over and ready to abide by the conditions
likely to be imposed.
6.
Respondent objected on the grounds that, applicant hepled the
Doctors in issuing false certificates. Applicant if released on bail will tamper
with the evidence. Other accused persons are yet to be arrested. Therefore,
prayed to reject the application.
7.
Upon hearing and going through the material placed on record,
what can be gathered is that, it is an allegation against the applicant helped the
Doctors, who are accused in this case to issue false certificates of the relatives
of the Police, who wish to get interdistrict transfers.
8.
The applicant was remanded to police custody and in the
custody, the investigation in his regard is over and he is now in judicial
Cri Bail Appln. No.1310 of 2022 (Or. Exh.1)
3
custody. Custodial interrogation is over. Certificates are seized by the I.O. As
far as, the apprehension of the respondent that, the applicant may tamper with
the evidence, for that condition can be imposed. As the other accused persons
are yet to be arrested, on that count, the applicant can not be kept in Jail for an
indefinite period. Offences alleged are triable by the Ld. J.M.F.C., Court.
Other accused persons are enlarged on regular bail by this Court. Ground of
parity is applicable to the case in hand. Therefore, this Court finds that,
discretion can be invoked in favour of the applicant. Hence, the order.
ORDER
1.
Criminal Bail Application No.1310/2022 is allowed.
2.
Applicant Vivek Ravindra Thackeray be released on bail in
connection with C.R. No.I151/2022 registered with the respondent
Nashik Taluka Police Station for an offence punishable under
Sections 420, 467, 468, 471 r/w 34 of the Indian Penal Code, on his
executing a personal bond of Rs.15,000/ with one solvent surety in
like amount to the satisfaction of the concerned Ld. J.M.F.C. Court.
3.
Applicant not to threaten and pressurize the complainant and the
witnesses.
4.
Applicant not to tamper with the prosecution evidence.
5.
Applicant not to repeat the same offence in future.
6.
Inform the order to the I.O. and the Ld. J.M.F.C. Court.
7.
Bail before the Ld. J.M.F.C. Court.
8.
In above terms, the Criminal Bail Application No.1310/2022 stands
disposed off accordingly.
Digitally signed by
MUSHTAQUE MUSHTAQUE
HUSSAIN SHAIKH
HUSSAIN
Date: 2022.11.04
SHAIKH
16:27:24 +0530
Place : Nashik.
Date : 04/11/2022
(M. H. Shaikh)
Additional Sessions Judge, Nashik.