Court allowed bail application for applicant charged with cheating and forgery offences. Investigation complete, evidence documentary, no likelihood of witness tampering, granted bail despite co-accused absconding.
Application allowed, applicant released on bail on furnishing surety of Rs. 25,000 and personal bond in like sum.
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.
Cri. Apln. 3090/2009
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 3090/2009
Bhagwan @ Jivan Raoji Bhaskare ...Applicant.
Versus
The State of Maharashtra. ...Respondent.
Shri V.G. Sakolkar, Advocate for applicant. Shri K.M. Suryawanshi, A.P.P. for respondent.
CORAM : A.V. POTDAR, J. Date : 16/12/2009
Per Court :-
his release on bail in connection with Crime No.15/2008 registered at
Degloor Police station, for offences punishable under Section 420, 409, 464,
468, 471, 418, 477(A) read with Section 34 of Indian Penal Code in which
investigation is already over and charge sheet is filed on 28/06/2008 in the
Court of Judicial Magistrate (First Class), Degloor District Nanded and case is
numbered as R.C.C. No. 86/2008.
Cri. Apln. 3090/2009
2
of learned A.P.P. appearing for State. Also perused the papers of investigation.
The present applicant came to be arrested in connection with this Crime on
19/07/2009 whereas complaint came to be lodged on 24/1/2008.
custody. As the charge sheet is already filed after completion of investigation,
no question arises about tampering of the prosecution witnesses. Apart from
it, considering accusation against the applicant, the case rests on the documentary evidence which are already in the custody of the Investigating
officer and relevant documents are produced along with charge sheet, when
the charge sheet was filed before Judicial Magistrate (First Class), Degloor.
accused who is the brother of the present applicant is still absconding and for
that purpose, detention of the present is necessary.
offences for which the applicant / accused is charge sheeted, are punishable
Cri. Apln. 3090/2009
3
with either the life imprisonment or death. Another aspect is clear that all the
offences are triable by the Court of Magistrate. Considering the fact that the
Courts of Magistrates are already over burdened with pendency of criminal
cases and in near future trial against the applicant / accused is not likely to
come up on board unless expressly expedited by the order of higher authority, as the charge sheet is filed, there are no chances or possibility of tampering of
the witnesses of the prosecution and particularly when the fate of the prosecution rests on the documents rather than oral evidence. Case is made
out to release the applicant / accused on bail. In the premise, the application
requires following order.
ORDER
furnishing solvent surety in the sum of Rs. 25,000/- (Rs. Twenty
five thousand) and on executing personal bond in the like sum
in connection with Crime No.15/2008 registered at Degloor
Cri. Apln. 3090/2009
4
police station,
permission in writing of Investigating Officer concerned as well as learned Judicial Magistrate (First Class) in whose court the
trial is pending against the applicant.
tsk/criapln3090.09
1 issue framed by the court
Whether bail should be granted to the applicant in a non-bailable offence punishable with life imprisonment or death where investigation is complete and evidence is predominantly documentary.
1 provisions across 1 enactments
Bhagwan @ Jivan Raoji Bhaskare
The State of Maharashtra
A.V. POTDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
