Bombay High Court
Parikshit Devidas Bade And Anr vs State Of Maharashtra on 11 July, 2022
Author: N.J.Jamadar
Bench: N.J.Jamadar
Digitally signed
SWAROOP by SWAROOP
SHARAD
SHARAD PHADKE
PHADKE Date: 2022.07.12
19:28:26 +0530 906 & 907 aba 1874 OF 2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.1874 OF 2022
Parikshit Devidas Bade and Ors. ... Applicants
versus
State of Maharashtra ... Respondent
WITH
ANTICIPATORY BAIL APPLICATION NO.1875 OF 2022
Paritosh Kalyan Gangwal ... Applicant
versus
State of Maharashtra ... Respondent
Mr. Manoj Mohite, Senior Advocate with Mr. Sandeep Borkar i/by Mr. Vivek Rane,
for Applicant in ABA 1874 of 2022.
Mr. Satish L. Maneshinde with Mrs. Anandini Fernandes i/by Dr. Chinmay S.
Bhosale, for Applicant in ABA 1875 of 2022.
Ms. P.N.Dabholkar, APP, for State in ABA 1874 of 2022. .
Mr. Y.Y.Dabake, APP for State in ABA 1875 of 2022.
Mr. Surel Shah i/by Mr. Rahul Kashid, for Intervener.
Mr. Rahul Ghadge, PSI Khadak Police Station present.
CORAM: N.J.JAMADAR, J.
DATE : 11th JULY, 2022
P.C.
1. These Applications are preferred for pre-arrest bail in connection with
C.R.No.99 of 2022 for the offences punishable under Sections 420, 467, 468 read with
Section 34 of the Indian Penal Code, 1860.
2. Mr. Satyajeet Devidas Bade, the first informant, lodged a report that the
Applicant No.1 - Parikshit Devidas Bade, who is his brother, forged the Will purported
to be executed by his father - Devidas Bade on 18 th December, 2018 in connivance
SSP 1/3
906 & 907 aba 1874 OF 2022.doc
with the rest of the Applicants and the Applicant in ABA No.1875 of 2022.
3. Mr. Shah, the learned Counsel appearing for the Intervener states that
he has instructions to appear on behalf of the first informant and seeks time to file an
Application for Intervention.
4. The learned Counsel for the Applicants submit that they would implead
the first informant as party Respondent.
5. The record reveals that on 25 th March, 2021, the Applicant No.1
preferred an application for grant of probate. It further appears that the basis for the
FIR is a report dated 2nd September, 2021 given by Mr. Ulhas Athalye, hand writing
expert. The FIR was lodged on 18 th April, 2022.
6. In the aforesaid view of the matter, till the matter is considered, the
Applicants deserve interim protection. Hence, the following order :
ORDER
(i) The Applicants shall implead the first informant as party Respondent No.2 to these Applications.
(ii) Amendment to be carried out forthwith.
(iii) Issue notice to the Respondents, returnable on 1st August, 2022.
(iv) The learned APP waives service for Respondent State and Mr. Shah waives service for Respondent No.2.
(v) In the meanwhile, in the event of the arrest of the Applicants in SSP 2/3 906 & 907 aba 1874 OF 2022.doc C.R.No.99 of 2022 registered with Khadak Police Station for the offences punishable under Sections 420, 467, 468 read with Section 34 of the Indian Penal Code, 1860, they be released on bail on furnishing a PR bond in the sum of Rs.25,000/- each and one or two sureties in the like amount.
(vi) The Applicants shall co-operate with the investigation.
(vii) The Applicant No.1 shall attend Khadak Police Station on every alternate Saturday from 10.00 a.m. to 12.00 noon.
(viii) The Applicant No.1 shall also furnish his specimen hand writing and signature as and when directed by the Investigating Officer.
(ix) Rest of the Applicants shall report to the Investigating Officer as and when directed.
( N.J.JAMADAR, J. ) SSP 3/3