In two criminal applications concerning offences of cheating and forgery, the court made an order granting interim bail absolute for the applicants, finding that custodial interrogation was not necessary at the stage of the application.
Orders granting interim protection to the applicants were made absolute.
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.
(1) Cri. Appln. 648-2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 648 OF 2014
Dasrao S/o Bapurao Puyad,
Age : 33 years, Occu.: Agri.
and Secretary of Nandigram Housing
Society, R/o Nandigram Society,
Hingoli Road, Nanded
Applicant
Versus
The State of MaharashtraRespondent
WITH
CRIMINAL APPLICATION NO. 1053 OF 2014
Pandharinath S/o Pundlikrao Kendre,
Age : 60 years, Occu.: Agriculture
and Chairman of Nandigram Co-operative
Society, R/o Gita Nagar,
Nanded, Dist. Nanded
Applicant
Versus
The State of MaharashtraRespondent
Mr. S.R. Choukidar, Advocate i/b. Mr. V.S. Panpatte, Advocate
for the Applicant. (648-2014)
Mr. A.R. Devakate, Advocate for the applicant (1053/2014)
Mrs. B.B. Gunjal, A.P.P. for the Respondent-State.
CORAM : M. T. JOSHI, J. DATED : 27TH FEBRUARY, 2014
ORAL ORDER:
1. Heard both sides.
2.The present applicants who are apprehending
arrest at the hands of Airport Police Station, Dist.
Nanded in crime no. 1 of 2014 for the offences
punishable under section 420, 465, 467, 471, 34 of
(2) Cri. Appln. 648-2014
the I.P. Code, are praying for their release on bail,
in the event of their arrest.
3.Applicant-Dasrao in Criminal Application
no.648 of 2014 is the Secretary while applicant-
Pandharinath in Criminal Application no.1053 of 2014
is the Chairman of the Nandigram Sahakari Gruhnirman
Sanstha, Nanded. The allegations are that
complainant-Shantabai's husband Venkatrao was the
founder member of the aforesaid Society and as such
he was allotted a plot. Upon his death, the
complainant and her two sons wanted that the plot be
transferred in their name. In the circumstances, the
present applicants obtained her signatures over the
blank documents, including certain stamp papers.
Those were however used for showing that the
complainant has transferred the plot in the name of
accused no.2-Vicharvant. Therefore, the offence came
to be registered.
4.Learned counsel for the applicants submit
that the applicants being the Secretary and Chairman
of the Society, had merely put the proposal before
the Executive Committee and the Committee has
sanctioned the transfer after due deliberation. In
fact, the applicants had nothing to do regarding the
sale transaction between the complainant and the
purchaser i.e. Vicharvant. In the circumstances,
they submit that the applicants be released on bail.
(3) Cri. Appln. 648-2014
5.Learned A.P.P. however opposed the
application. She submitted that the signatures
stated to have been made by the complainant over the
papers are in English while her signatures with the
Bank are in Marathi. She further submitted that
investigation is to be made and, therefore, the
applications be dismissed.
6.Perused the papers provided for perusal by
the learned A.P.P. When the complainant herself came
with a case that she has made the signatures over
blank stamp papers, the issue of difference of making
signatures either in Marathi or English, is totally
irrelevant. Copies of the proceeding book tendered
by the Investigating Officer would show that in
meeting dated 31/7/2013, the proposal relating to the
transfer of the plot was put, at that time, 16
members of the executive committee were present
including the present applicants. On that date,
however, no decision was taken as the original
allotment letter was not supplied.
7.Thereafter, a public notice in newspaper was
issued and thereafter, the transaction is completed.
8.Upon hearing both the sides, without going
into the merit of the case and finding that the
custodial interrogation of the applicants is not
required, in the facts as above stated, interim
protection granted to the present applicants vide
(4) Cri. Appln. 648-2014
orders dated 10th February, 2014 and 24th February,
2014, respectively, is hereby made absolute on the
same terms and conditions.
9.Both Applications stand disposed of
accordingly.
[ M. T. JOSHI ]
JUDGE
arp/
2 issues framed by the court
Whether an order granting interim bail in a bailable case can be made absolute upon following the same terms and conditions.
Whether custodial interrogation is required in the facts of the present case.
5 provisions across 5 enactments
Dasrao S/o Bapurao
Pandharinath S/o Pundlikrao Kendre
The State of Maharashtra
M. T. JOSHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court