Bombay High Court
Mausam Atmaram Patil vs The State Of Maharashtra on 14 December, 2023
Author: N. J. Jamadar
Bench: N. J. Jamadar
2023:BHC-AS:38001
33-aba-2191-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2191 OF 2023
Mausam Atmaram Patil ...Applicant
vs.
The State of Maharashtra ...Respondent
Mr. Vivek Rane, for the Applicant
Mr. S.H. Yadav, APP, for the Respondent/State.
Ms. Gayatri Takalkar, for the Intervener.
CORAM : N. J. JAMADAR, J.
DATE : DECEMBER 14, 2023
P.C.:
1. Heard the learned counsel for the applicant and the learned
APP for the State.
2. This application is preferred seeking pre-arrest bail in
connection with C.R. No.246 of 2023 registered at Narpoli police
station for the offences punishable under sections 420, 465, 467,
468 and 471 read with 34 of Indian penal Code, 1860.
3. When the application was listed before this Court by an order
dated 12th October, 2023 this Court was persuaded to grant interim
bail observing inter alia as under:-
8] I have perused the allegations in the FIR and the
material on record. Prima facie it appears that the first
informant and the co-sharers were the parties to
proceedings before the ALT under Section 32G of the
Act, 1949. Being aggrieved by the decision of ALT
under Section 32G, the first informant party has
preferred an appeal before the Sub-Divisional Officer,
which is subjudice. The role attributed to the applicant
is that of facilitating the fraudulent judgment in the
proceedings under Section 70(b) of the Act, 1949.
Vishal Parekar ...1
33-aba-2191-2023.doc
9] Prima facie, the material against the accused is in
the nature of the statements of the witnesses that it
was the applicant who had in connivance with the co-
accused obtained the fraudulent judgment and that the
applicant was seen with the co-accused when the
proceedings were pending before the ALT.
10] At this juncture, the aforesaid material does not
prima facie sustain the necessity of the custodial
interrogation of the applicant. Undoubtedly the
allegations against the applicant merit further
investigation and if the investigation reveals the nexus
between the applicant and the alleged offences, the
samcan be considered at the stage of final adjudication
of the prayer for pre-arrest bail. I am, therefore,
inclined to grant interim protection while directing the
applicant to join in the investigation.
4. The learned APP on instructions submits that the applicant,
pursuant to the aforesaid order, has appeared before the
investigating officer. In the circumstances of the case and for the
reasons which weighed with this Court for granting interim bail, I
am impelled to make the order of interim bail absolute.
5. The order of interim bail dated 12 th October, 2023 is made
absolute on the terms and conditions incorporated therein.
6. In addition, the applicant shall regularly attend the
proceedings before the jurisdictional Court.
7. It is clarified that these prima facie observations are confined
to determine entitlement to pre-arrest bail only.
Application disposed.
(N. J. JAMADAR, J.)
Vishal Parekar ...2
