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Bombay High Court

Suresh Tukaram Bhosale vs The State Of Maharashtra on 1 July, 2024

Author: N. J. Jamadar

Bench: N. J. Jamadar

                                                                     10-ABA-3161-2023.odt




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CRIMINAL APPELLATE JURISDICTION

                     ANTICIPATORY BAIL APPLICATION NO. 3161 OF 2023

          Suresh Tukaram Bhosale                          ...Applicant

                 Versus

          The State of Maharashtra                        ...Respondent

          Mr. Shailesh S. Kharat, Advocate for the Applicant.
          Mr. A.A. Naik, APP for the Respondent - State.


                              CORAM      :     N. J. JAMADAR, J.
                              DATE       :     1st JULY 2024.

          PC.:

          1.     Heard learned counsel for the Applicant and the learned APP

          for the State.

          2.     By order dated 7th November 2023 this Court was pleased to

          grant interim bail observing, inter alia, as under :-

               "(3) The first informant alleged that a fabricated Power of
                      Attorney was shown to have been executed by the first
                      informant and his brothers and sisters and on the
                      strength of the said Power of Attorney accused No.1
                      Vijay Sonawane, who fraudulently claimed to be the
                      constituted attorney, executed instrument in favour of
                      the co-accused. The said Power of Attorney was
                      Notarised before the applicant in the year 1995.

               (6)    In the backdrop of the nature of accusation and the

Pallavi                                                                              1/2
                                                                                         10-ABA-3161-2023.odt




                                      time-lag of more than 28 years qua the allegations
                                      against the applicant, it may be expedient to protect
                                      the liberty of the applicant till the application is heard
                                      after providing an opportunity to the prosecution."


                           3.    Learned APP fairly submits that interim bail order dated 7 th

                           November 2023 may be confirmed.

                           4.    In view of the aforesaid submission and the reasons which

                           weighed with this Court in granting interim bail, I am inclined to

                           make interim order absolute on the terms and conditions

                           incorporated therein.

                                        Hence, the following order.

                                                                  ORDER

(i) The order of interim bail dated 7th November, 2023 is made absolute on the terms and conditions incorporated therein.

(ii) Applicant shall regularly attend the proceedings before the jurisdictional Court.

(iii) Application disposed.

(N. J. JAMADAR, J.) Pallavi 2/2 Signed by: Pallavi M. Wargaoankar Designation: PS To Honourable Judge Date: 02/07/2024 15:52:18