Bombay High Court
Shankar Baba Pathwe And Others vs The State Of Maharashtra on 26 September, 2022
Bench: S. G. Mehare
5-ABA-1260-22
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO.1260 OF 2022
WITH APPLN/3228/2022 IN ABA/1260/2022
SHANKAR BABA PATHWE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA
Mr. S.G.Joshi, Advocates for applicants;
Mr. V. M. Kagne, A.P.P. for respondent/State;
Mr. S. T. Solanke, Advocate for complainant
CORAM : S. G. MEHARE, J.
DATE : 26th September, 2022
P.C.
1. Heard the learned counsel for the applicants.
2. Issue notice to the respondent, returnable on 30.09.2022.
3. The learned APP waives service of notice for the respondent.
4. The entire family has been arraigned as accused in the present
crime. It has been alleged against the applicants that while obtaining
the scheduled tribe certificate from the Sub Divisional Officer,
Sangamner, they have produced the forged documents. During the
course of the tribe validation, it has been transpired that the
documents were forged and the tribe certificate was obtained
fraudulently.
5. The learned counsel for the applicants would submit that the
order passed by the Scrutiny Committee is sub-judice before the writ
5-ABA-1260-22
court. The writ Court issued direction not to register the crime arising
out of the order passed by the Scrutiny Committee. However, before
the passing the said order, the crime was registered. The learned
counsel for the applicants would submit that applicant No.5 Vaibhav,
who has preferred the writ petition against the order of the Scrutiny
Committee, did not know about the registration of the crime. He
would submit that the judgment and order of the Caste Scrutiny
Committee is not final. It is already under challenge. The applicants
have a good case on merit. Hence, they may be protected.
6. The learned A.P.P. for the respondent/State and Mr. Solanke, the
learned counsel appearing for the complainant have opposed the
application contending that the offence is serious; hence, no interim
protection may be granted.
7. Perused the papers and the first information report. The Caste
Scrutiny Committee held that the documents placed on record before
it were obtained by fraud from the office of the Sub-Divisional Officer.
It is also a fact that the said order is impugned by applicant No.5
Vaibhav. The validity of the order passed by the Scrutiny Committee
is subject to the decision in a writ petition preferred by applicant No.5
Vaibhav. In these facts, if the interim protection is granted, no
prejudice would cause to the prosecution. Hence, the following
order :-
5-ABA-1260-22
In the event of arrest, applicants No. (1) Shankar s/o. Baba
Pathwe, (2) Laxman s/o. Shankar Pathwe, (3) Jagdish s/o. Shankar
Pathwe, (4) Dwarka d/o. Shankar Pathwe @ Dwarka w/o. Ramesh
Shinde, (5) Vaibhav s/o. Laxman Pathwe, be released on interim bail,
on furnishing PB and SB of Rs. 15,000/- each, with one solvent surety
of like amount, in C.R. No.0346 of 2022, registered with Akole Police
Station, Taluka Akole, District Ahmednagar, for the offence punishable
under Sections 191, 196, 197, 198, 199, 200 and 420 of the Indian
Penal Code and Section 7(1) of the Maharashtra Scheduled Castes,
Scheduled Tribes, De-Notified Tribes, (Vimukta Jatis) Nomadic Tribes,
Other Backward Classes and Special Backward Category (Regulation
of issuance and verification of) Caste Certificate Act, 2000.
(S. G. MEHARE, J.)
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