Bombay High Court
Gajanan Ramdas Chaudhari And Others vs The State Of Maharashtra on 29 November, 2018
Author: V.L.Achliya
Bench: V.L.Achliya
1 Anti.Bail Apln. 1262.2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
908 ANTICIPATORY BAIL APPLICATION
NO. 1262 OF 2018
WITH
ABA/1263/2018
GAJANAN RAMDAS CHAUDHARI AND ORS.
VERSUS
THE STATE OF MAHARASHTRA
......
Mr. A.S.Sawant, Advocate for Applicants.
Mr. B.V.Virdhe, A.P.P. for Resp. - State.
Mr. Joydeep Chatterji, Advocate - to assist A.P.P.
......
CORAM : V.L.ACHLIYA, J.
DATE : 29/11/ 2018
......
ORAL ORDER :
1. The applicants in A.B.A. Nos. 1262 of 2018 and 1263 of 2018 apprehending arrest in connection with the offences punishable u/s 465,467,468,470,471,420 of I.P.C. registered vide Crime No. 269/2018 with Dhule City police station, Dhule have preferred these applications seeking anticipatory bail.
2. Heard the learned counsel for applicants. Perused the F.I.R. as well as the order passed by the learned Additional Sessions Judge, Dhule rejecting the application of the applicants seeking anticipatory bail.
3. Learned counsel for applicants submits that applicant No. 2 Kalpesh Gajanan Chaudhari in ABA No. 1262 of 2018 is arrested after filing of the application and, ::: Uploaded on - 29/11/2018 ::: Downloaded on - 30/12/2018 11:31:58 ::: 2 Anti.Bail Apln. 1262.2018 therefore, he seeks permission to withdraw the application to the extent of applicant No. 2 Kalpesh Gajanan Chaudhari in ABA No. 1262 of 2018.
4. Allow to withdraw A.B.A. No. 1262 of 2018 to the extent of applicant No. 2 Kalpesh Gajanan Chaudhari. The application is dismissed to the extent of applicant No. 2 Kalpesh Gajanan Chaudhari. Application to proceed in respect of applicant Nos. 1 and 3.
5. In short, it is the contention of learned counsel for the applicants in A.B.A. Nos. 1262 of 2018 and 1263 of 2018 that if the allegations made in the F.I.R. are taken to its face value, even the complaint lodged by the complainant make out no offence as registered against the applicants. It is submitted that if the allegations as made in the F.I.R. are accepted as true, then at the most it can be said that there is some civil dispute in respect of the property between the informant and accused No. 1. It is submitted that the document alleged to be forged, claimed to be the registered gift deed executed by accused No. 1 in favour of his sons accused Nos. 2 and 3. It is submitted that the registered gift deed is already handed over to the Investigating Officer.
6. Considering the submissions advanced in the light of overall allegations made against the applicants, I am of the view the case is made out to entertain the application and extend interim protection to the applicants. Hence, the following order is passed.
::: Uploaded on - 29/11/2018 ::: Downloaded on - 30/12/2018 11:31:58 :::3 Anti.Bail Apln. 1262.2018 ORDER [i] Issue notice to the respondent, returnable on 17/12/2018. Learned A.P.P. waives service of notice for the respondent and seeks time to take instructions in the matter.
[ii] In the event of arrest of applicant Nos. 1 to 3 in A.B.A. 1262 of 2018 and applicant Nos. 1 to 3 in A.B.A. 1263 of 2018 in connection with the offences punishable u/s 465,467,468,470,471,420 of I.P.C. registered vide Crime No. 269/2018 with Dhule City police station, Dhule, on or before 17/12/2018 they be released on ad-interim anticipatory bail on their furnishing bail in the sum of Rs. 10,000/- [Rupees Ten Thousand] each with one surety in the like amount on the condition that the applicants in A.B.A. Nos. 1262 of 2018 and 1263 of 2018 shall appear before the Investigating Officer from 03/12/2018 to 05/12/2018 in between 11.00 a.m. to 3.00 p.m. and thereafter as and when directed by the Investigating Officer and co-operate in the investigation.
7. S.O. 17/12/2018.
[V.L.ACHLIYA] JUDGE KNP/Anti.Bail Apln. 1262.2018 ::: Uploaded on - 29/11/2018 ::: Downloaded on - 30/12/2018 11:31:58 :::