Bombay High Court
Suresh Tukaram Bhosale vs The State Of Maharashtra on 7 November, 2023
Author: N. J. Jamadar
Bench: N. J. Jamadar
907-ABA3161-2023.DOC
Santosh
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 Kharat, for the Applicant.
Smt. Ashwini Takalkar, APP for the State/Respondent.
CORAM: N. J. JAMADAR, J.
DATED: 7th NOVEMBER, 2023
ORDER:-
1. Heard the learned Counsel for the applicant and the learned APP for the State.
2. This is an application for pre-arrest bail in connection with CR No.436 of 2023, registered with Nashik Road Police Station, Nashik, for the offences punishable under Sections 420, 467, 468 and 471 read with Section 34 of Indian Penal Code, 1860 ("the Penal Code").
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 1/3 ::: Uploaded on - 09/11/2023 ::: Downloaded on - 10/11/2023 01:02:34 ::: 907-ABA3161-2023.DOC instrument in favour of the co-accused. The said Power of Attorney was Notarised before the applicant in the year 1995.
4. The learned Counsel for the applicant submits that the applicant was on interim protection during the pendency of the anticipatory bail application before the trial court.
5. The learned APP seeks time to take instructions.
6. In the backdrop of the nature of accusation and the 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.
7. Hence the following order:
:ORDER:
(i) In the event of arrest of the applicant in CR No.436 of 2023, registered with Nashik Road Police Station, Nashik, the applicant be released on bail on furnishing a PR Bond in the sum of Rs.30,000/- with one or two sureties in the like amount.
(ii) The applicant shall cooperate with the investigation and attend Nashik Road Police Station on 20 th and 21st 2/3 ::: Uploaded on - 09/11/2023 ::: Downloaded on - 10/11/2023 01:02:34 ::: 907-ABA3161-2023.DOC November, 2023 in between 10.00 am. to 1.00 pm. and, thereafter, as and when directed.
(iii) The applicant shall not tamper with the prosecution evidence and/or give threat or inducement to the first informant or any of the persons acquainted with the facts of the case.
Stand over to 19th December, 2023.
[N. J. JAMADAR, J.] 3/3 ::: Uploaded on - 09/11/2023 ::: Downloaded on - 10/11/2023 01:02:34 :::