The applicant, charged with forgery and cheating related to rubber stamps and false documents, sought bail. The High Court held that since the investigation was complete and the charge sheet filed, bail should be granted.
Released on bail on execution of a personal bond of Rs.10,000/- with sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.2999/2009
Sudarshan Ramchandra Konda.
..Applicant
-VERSUS-
The State of Maharashtra.
..Respondent
Mr.Giresh R. Agrawal, Advocate for the Applicant. Ms.P.P.Shinde, A.P.P., for the Respondent/State.
CORAM: A.P.DESHPANDE, J.
Dated 12th August, 2009.
PC:-
1 The present application has been filed under Section 439 of the Code of Criminal Procedure in Cr.No.70/2009 under Sections 471, 420, 476 r/w 34 of the Indian Penal Code with Pandharpur Town Police Station. The Applicant is in custody for last four months.
2 The Police received an information that one person is involved in preparing false and forged documents indicating the proof of age. The said person came to be arrested. He is one of the accused by name Shyamsundar Mahadik. Another accused, who was also arrested and later on released on bail, happens to be one who has printed the forged certificates whereas the present Applicant who carries on the business of preparing/ manufacturing the rubber
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stamps is also made accused as he has prepared two rubber stamps one in the name of the Special Executive Officer of Uttar Solapur and other in the name of Tahasildar.
3 According to the learned counsel for the Applicant, the Applicant is carrying on the business of preparing the rubber stamps since many years in the name and style “Varsha” which happens to be the name of his shop. It is pointed out that the Applicant never had any criminal intention for the obvious reason that the Applicant has printed the symbol and name of his shop on the handle of the rubber stamps.
4 Perused the statement of the Applicant recorded by the Police. Another accused who has printed the certificates has already been granted bail.
5 In the above fact situation, I am of the clear view that the Applicant is entitled to be released on bail. More so, for the reason that the investigation is over and the charge sheet has been filed. Hence, I pass the following order:-
(i) The Applicant shall be released on bail on execution of a personal bond in a sum of Rs.10,000/- with one or two sureties in the like amount.
(ii) The Applicant shall attend the Police Station as and when directed.
(iii) Application is allowed and disposed of accordingly.
(A.P. Deshpande, J)
1 issue framed by the court
Whether the applicant is entitled to be released on bail after the charge sheet has been filed and investigation is over.
2 provisions across 2 enactments
Sudarshan Ramchandra Konda
The State of Maharashtra
A.P. Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
