Bombay High Court
Ranu @ Rani Kailas Agrawal vs The State Of Maharashtra on 15 November, 2021
Author: V. K. Jadhav
Bench: V. K. Jadhav
26APPLN2023.2021
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
CRIMINAL APPLICATION NO. 2023 OF 2021
Ranu @ Rani Kailas Agrawal ...Applicant
Versus
The State of Maharashtra & Anr. ...Respondents
.....
Mr. S. S. Jadhav, Advocate for the applicant
Mr. R. V. Dasalkar, APP for respondent / State
.....
CORAM : V. K. JADHAV &
SANDIPKUMAR C. MORE, JJ.
DATE : NOVEMBER 15, 2021 PER COURT : -
1. Leave to add informant as party respondent no. 2.
2. Heard both the sides.
3. Learned advocate for the applicant submits that the Crime No. 62/2020 for the offence punishable under Sections 307, 353, 332, 337, 341, 186, 323, 188, 427, 143, 147, 148, 149 of the Indian Penal Code, Sections 3 and 7 of the Prevention of Damage to the Public Property Act as well as under Section 135 of the Maharashtra Police Act and under Section 7 of the Criminal Law Amendment Act came to be registered with Yawal Police Station and the accused in connection with the said crime came to be arrested. The learned Counsel for the applicant submits that since the SG Punde, PA ::: Uploaded on - 17/11/2021 ::: Downloaded on - 17/11/2021 23:47:07 ::: 26APPLN2023.2021 -2- applications filed by those accused persons for bail came to be rejected by Sessions Court, the said accused persons had filed Bail Application No. 388 of 2020 before this Court. This Court by order dated 22.06.2020 in Bail Application No. 388/2020 with two more bail applications, allowed all the applications and released the accused persons in the said bail applications on bail with certain conditions. The applicant, who is a practicing advocate, had obtained the online copy of the said bail order and submitted before the trial Court.
4. The learned Counsel for the applicant submits that, inadvertently, in the order dated 22.06.2020 granting bail to the accused in Bail Application No. 388/2020 and other connected bail applications, instead of Crime No. 62/2020, Crime No. 59/2020 came to be mentioned. Thus, the learned Judge of the trial Court has suspected about the forgery and preparation of false documents pertaining to the bail order and accordingly gave directions to Asst. Superintendent of Yawal Court to lodge the complaint against the present applicant. The learned Counsel submits that the applicant has brought to the notice of the District and Sessions Judge about the said fact and also submitted her own affidavit stating therein that, inadvertently the incorrect crime number has been mentioned in the bail order passed by this Court. The learned Counsel submits that even the Principal District and Sessions Judge has passed the order below Exh. 2 in Cri. Revision Application No. 43/2020 directing the P.S.O. Yawal Police Station, Tq. Yawal, Dist. Jalgaon, not to arrest the applicant in connection with Crime No. 145/2020 (FIR No.332). The said revision is still pending. The learned Counsel for the applicant submits that the trial Court initially carried an impression that the SG Punde, PA ::: Uploaded on - 17/11/2021 ::: Downloaded on - 17/11/2021 23:47:07 ::: 26APPLN2023.2021 -3- online copy of the bail order passed by this Court is forged copy and after observing the incorrect crime number, issued directions of filing the FIR.
5. In view of the above, issue notice to the respondents, returnable on 13th December, 2021. The learned APP waives service of notice for both the respondents.
6. In the meanwhile, considering the peculiar facts of this case, we direct not to file the charge-sheet against the applicant in connection with Crime No. 145/2020 (FIR No.332) till the next date of hearing.
[ SANDIPKUMAR C. MORE ] [ V. K. JADHAV ]
JUDGE JUDGE
SG Punde, PA
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