Bombay High Court
Raghavendra Shripatrao Joshi vs The State Of Maharashtra on 29 November, 2021
Bench: C.V. Bhadang
7-aba-2089-2019 with ia-804-2019
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL ANTICIPATORY BAIL APPLICATION NO.2089 OF 2019
Raghavendra Shripatrao Joshi ..Applicant
Vs.
The State of Maharashtra ..Respondent
WITH
INTERIM APPLICATION NO.804 OF 2019
IN
CRIMINAL ANTICIPATORY BAIL APPLICATION NO.2089 OF 2019
Neela Manoharlal Gupta ..Applicant
IN THE MATTER BETWEEN
Raghavendra Shripatrao Joshi ..Applicant
Vs.
The State of Maharashtra ..Respondent
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Mr.Abhishek Kulkarni for the Applicant.
Mr.S.R. Agarkar, APP, for the Respondent-State.
None for the Applicant in IA No.804 of 2019.
NILAM Digitally signed by
NILAM SANTOSH
----
SANTOSH
KAMBLE
KAMBLE
Date: 2021.11.29
17:25:00 +0530
CORAM : C.V. BHADANG, J.
DATE : 29 NOVEMBER 2021
P.C.
. I have heard learned counsel for the Applicant and the
learned Additional Public Prosecutor. None appears for the
N.S. Kamble page 1 of 5
7-aba-2089-2019 with ia-804-2019
complainant-Intervenor. There was no appearance on her behalf
even on the last occasion.
2. By this application the applicant, apprehending arrest in
connection with the investigation of Crime No.265 of 2019 of
Vishrantwadi Police Station, Pune under Section 420, 409, 465,
467, 468, 471, 384, 387, 120B read with Section 109 of the Indian
Penal Code is seeking anticipatory bail.
3. The record discloses that the applicant was granted
interim protection on 25 September 2019 and the same is operating
till today. The said offence is registered at the instance of the
intervenor Neela Gupta who is an ex-Chairman of the Rashmi
Education Society. According to the complainant the applicant,
who now claims to have been elected as a Chairman of the Society,
had forged the relevant resolutions and created a bogus record about
the election. The record discloses that the Investigating Officer after
completion of the investigation has filed a charge-sheet before the
learned Magistrate at Khadaki, Pune.
4. There is an intervening development which is required
to be noticed. The applicant upon filing of the charge-sheet
appeared before the learned Magistrate and sought leave to
surrender and also requested for grant of bail pointing out that this
N.S. Kamble page 2 of 5
7-aba-2089-2019 with ia-804-2019
Court has granted interim protection in his favour. The learned
Magistrate by an order dated 26 November 2020 took the applicant
in custody and granted regular bail to the applicant.
5. It is necessary to note that prior to this, the Investigating
Officer had already formally arrested the applicant and he was
released on bail on the basis of the interim order passed by this
Court.
6. Be that as it may this Court (Sarang V. Kotwal, J.) after
noticing the fact that the learned Magistrate had released the
applicant on regular bail although the application was still pending
before this Court, by an order dated 23 February 2021 directed the
Magistrate to take corrective measures in accordance with law. The
learned Magistrate has sent a report dated 17 March 2021 stating
that the regular bail has been cancelled.
7. The perusal of the order dated 23 February 2021 does
not show that the applicant was at fault, as the applicant had pointed
out to the learned Magistrate that he was granted an interim
protection only.
8. Today the learned counsel for the applicant has pointed
out that the applicant Raghavendra Joshi along with Mr.Vijay Patil
N.S. Kamble page 3 of 5
7-aba-2089-2019 with ia-804-2019
had filed a change report before the learned Assistant Charity
Commissioner, Pune being change report No.851 of 2018. He
pointed out that by a judgment and order dated 29 June 2021 the
change report has been accepted by the learned Assistant Charity
Commissioner. It is necessary to note that the judgment dated 29
June 2021 shows that the said order accepting the change report has
been passed upon hearing the complainant.
9. The learned counsel for the applicant in all fairness
pointed out that the said judgment is subject matter of Appeal, at
the instance of the complaint before the Joint Charity
Commissioner, Pune.
10. I have considered the circumstances and the submissions
made. Prima facie it appears that the allegations are about applicant
having prepared false and forged record claiming that he has been
elected as a Chairman of the society. The dispute is essentially about
the election of the applicant as a Chairman of the Society, in respect
of which, at this stage, the change report appears to have been
accepted by the Assistant Charity Commissioner.
11. The Investigation is stated to be complete and the
charge-sheet is filed.
N.S. Kamble page 4 of 5
7-aba-2089-2019 with ia-804-2019
12. The interim protection is operating from 25 September
2019. In that view of the matter, the application is allowed in terms
of the order dated 25 September 2019. The applicant shall not
tamper with the prosecution evidence or witnesses. It is made clear
that this Court has not expressed any opinion on the merits of the
order accepting the change report.
13. The Criminal Application is disposed of in the aforesaid
terms.
C.V. BHADANG, J.
N.S. Kamble page 5 of 5
