The High Court allowed the bail application of Santosh Nanaji Waghmare accused of forgery related to caste certificates. The applicant had no antecedents and the investigation was complete.
Enlargement on bail by executing a PR Bond of Rs. 50,000 with sureties and complying with reporting and conduct conditions.
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.
BA 339-18.doc
Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
BAIL APPLICATION NO. 339 OF 2018
Santosh Nanaji Waghmare .Applicant
Vs.
The State of Maharashtra .Respondent
Ms Mansha Khemka a/w Ms Bhagyashree Upadhyay i/b. Khemka & Associates, Advocate, for the Applicant Ms Pallavi Dabholkar, APP, for the Respondent – State
CORAM : REVATI MOHITE DERE, J. DATE : 04.04.2018
P.C.
. Heard learned counsel for the parties.
bail in connection with C. R. No. 177 of 2016 registered with the J. J.
Marg Police Station, Mumbai, for the alleged offences punishable under Sections 465, 468, 471, 420 of the Indian Penal Code and under Sections 10, 11 & 12 of the Maharashtra Act.
Applicant has been falsely implicated in the said case and that the same
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is evident from the supplementary statements recorded of the witnesses. She submitted that although the witnesses in their first statement had disclosed the name of the Applicant, in the supplementary statements, the said witnesses have stated that it was Dr. Wahab Mirza, who gave the forged & fabricated Certificates to the students and that the Applicant was present in the office and that the said Certificates were handed over by the Applicant. She submitted that in fact, it was Dr. Wahab Mirza, who is the main accused and that he is still absconding. She submitted that the Applicant is only 4th Std. passed and that his occupation is painting billboards for a living. She submits that the Applicant is in custody since 29.09.2016 and that investigation is complete and charge-sheet is filed. She further submits that the Applicant has no antecedents.
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documents. Prima facie, it appears from a perusal of the statements of some of the witnesses that initially, the allegations were made only as against the Applicant, however, in the supplementary statements recorded after a month, the said witnesses have come out with the truth and have named one Dr. Mirza, as the main accused. In the said supplementary statements, the witnesses have stated that it was Dr. Wahab Mirza, who had promised to give Caste Certificates to the students for huge amounts i. e. for Rs. 15,00,000/- and that they had paid the said amounts to Dr. Wahab Mirza. A perusal of the supplementary statements also shows that the said amounts were paid by the students and their families to Dr. Wahab Mirza in his office and the Certificates were handed over to the students. The said witnesses have further stated that at that time when they went to collect the Certificates, the Applicant was sitting in Dr. Wahab Mirza's office, and that he told the parents of the students, that the Applicant had got the said Certificates and that the Applicant had disclosed that he had got the said Certificates prepared from someone. The said witnesses have stated that Dr. Wahab Mirza had asked them to name the Applicant as having given the forged Caste Certificates. All the students in connection with the said offences, who used the said forged Caste Certificates and
secured admissions to the MBBS course were arrested and later
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enlarged on bail. The Applicant has no antecedents. The Applicant is in custody since 29.09.2016. Investigation is complete and charge-sheet is filed.
O R D E R
(i) The Applicant be enlarged on bail, on executing PR Bond in the sum of Rs. 50,000/- with one or two sureties in the like amount;
(ii) The Applicant shall report to the investigating officer of the concerned police station on the first Sunday of every month between 10:00 a. m. and 11.00 a. m. till the conclusion of the trial;
(iii) The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;
(iv) The Applicant shall not leave the jurisdiction of Mumbai & Thane City without prior permission of the trial Court;
(v) The Applicant shall file an undertaking with regard to clauses (ii) to (iv), in the trial Court, within two weeks of his release;
(vii) If there are 2 consecutive defaults in either reporting to the
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police station or appearing before the trial Court, the prosecution will be
at liberty to apply for cancellation of Applicant's bail.
All concerned to act on the authenticated copy of this order.
(REVATI MOHITE DERE, J.)
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1 issue framed by the court
Whether the applicant should be enlarged on bail in the present case under the given conditions.
2 provisions across 2 enactments
Santosh Nanaji Waghmare
The State of Maharashtra
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
