An application for anticipatory bail was dismissed because the applicants were prima facie guilty of forgery, fabrication of records, and breach of trust regarding hypothecated vehicles and machinery, rendering the bail untenable.
Application for anticipatory bail is dismissed.
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
ANTICIPATORY BAIL APPLICATION NO.344 OF 2013
Shewanta Anandrao Powar & Ors. .. Applicants. Vs. The State of Maharashtra & Anr. .. Respondent.
Mr. Vikas Shivarkar for the applicants.
Ms. A. A. Mane APP for the State.
Mr. Abhay Nevagi i/b Abhay Nevagi & Associates for respondent no.2.
CORAM : A. H. JOSHI, J.
DATED : 10TH OCTOBER, 2013.
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Act in the records of the Regional Transport authority.
(a) That no objection certificate on the basis of which the equipments were transferred were genuine and were issued by the finance company etc.
(b) The repayments were made, and though misappropriation is alleged by the first informant, it is a matter of civil liability.
(c) During the pendency of this application, the applicants have appeared before the Investigating Officer and co-operated in the matter, therefore, it is not necessary for the police to have custody
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of the applicants for the purpose of investigation.
(d) Moreover, the Investigating Officer should disclose reasons as to why the custody is required and if no explanatory reasons are coming forward, the applicants should be granted anticipatory bail.
(e) The complaint is false and applicant is entitled for relief as sought for.
(b) The accused are guilty of forgery and fabrication of record and on those basis they have transferred the equipments and misappropriated the sale proceeds.
(c) Apart from the claim as to civil liability of the accused persons, the defence put forward by accused cannot be considered at this stage.
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agreement duly recorded in the office of Regional Transport Office, Solapur. The applicant has offered to repay the loan by giving various cheques which too had been dishonoured in the background that the applicants had defaulted. There was no occasion or cause for the company to have issued no objection that to purportedly on the letter pads and not in prescribed form for vacating the charge and for disposal of valuable security.
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2 issues framed by the court
Whether anticipatory bail should be granted in an offence of forgery and misappropriation of hypothecated securities.
Whether the defence of civil liability is a sufficient ground to grant anticipatory bail against allegations of forgery.
5 provisions across 1 enactments
Shewanta Anandrao Powar & Ors.
The State of Maharashtra
A. H. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
