In an Indian Penal Code bail application, the court granted the applicant release on bond due to weak prosecution evidence regarding forgery, subject to fortnight police attendance conditions.
Release on bail with PR bond of Rs 30,000 and two sureties; condition of fortnight attendance at police station.
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 BAIL APPLICATION NO. 554 OF 2021
Shaikh Yunus Shaikh Rahim.... Applicant
Versus
The State of Maharashtra.... Respondent
Mr. N. R. Bubna for Applicant.
Mrs. J. S. Lohokare, APP for State/Respondent.
CORAM:SARANG V. KOTWAL, J.
DATE:11th MARCH, 2021
P.C. :
1.The Applicant is seeking his release on bail in
connection with C.R.No.120 of 2020 registered at Pawarwadi
police station, Nashik Rural, on 06/11/2020 under sections 420,
465, 466, 468, 471 r/w. 34 of the Indian Penal Code (for short
‘IPC’). The applicant was arrested on 06/11/2020 itself and since
then he is in custody. The investigation is over and the charge-
sheet is filed.
2.Heard Shri. Bubna, learned counsel for the applicant
Gokhale
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and Smt. Lohokare, learned APP for the State.
3.The prosecution case is that the accused No.1 Tahir Ali
and one Alam Ansari were Bangladeshi Nationals, but they entered
India unauthorisedly without valid documents. They created fake
documents and they wanted to get Indian Passport. For that they
used forged documents. The allegations against the present
applicant are that the applicant helped accused Tahir in applying
for fake documents showing that he is citizen of India. It is alleged
that the applicant gave his Aadhar card and electricity bill as proof
of his address for Tahir. On this basis the F.I.R. was lodged.
4.Learned counsel for the applicant submitted that, in
the entire charge-sheet there is no material against the present
applicant. The documents of the present applicant are taken by co-
accused from some other source. The applicant has not given his
documents to main accused. There is nothing in the charge-sheet
to show that applicant himself had given these documents. He
further submitted that these documents are used as KYC
documents in many departments, therefore, it is not difficult to
obtain those documents.
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5.Learned APP opposed this application on the ground
that, it is a serious offence and applicant had helped Bangladeshi
Nationals in obtaining the documents showing that they were
Indian citizens.
6.I have considered these submissions and with the
assistance of learned counsel for the parties, I have perused the
charge-sheet. In the charge-sheet, there is one panchanama dated
07/11/2020. It is the panchanama of house search of the present
applicant. During that panchanama, the applicant’s son produced
Aadhar card and electricity bill of his house. Police had seized
them. Apparently, these documents were used to create the
documents for Tahir showing that he was residing at the same
address. However, in the entire charge-sheet, there is no other
statement or document or any other indication to show that the
applicant had given those documents to any of the accused for
creating forged documents for accused Tahir. The prosecution case
is that, other agents had committed forgery and have created
forged documents, but even there is no connection between this
accused and present applicant. Therefore, considering the very
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weak nature of evidence against the present applicant, he cannot
be kept in detention as under trial prisoner for the entire period of
trial. However, considering the seriousness of offence and to
ensure that the applicant shall remain present during trial, certain
conditions are imposed on him.
7.Hence, the following order :
ORDER
(i)In connection with C.R.No.120 of 2020
registered at Pawarwadi police station, Nashik
Rural, the applicant is directed to be released on
bail on his furnishing PR bond in the sum of
Rs.30,000/- (Rupees Thirty Thousand Only)
with one or two sureties in the like amount.
(ii) The Applicant shall attend the concerned Police Station every fortnight till framing of the charge.(iii)Application stands disposed of accordingly.
(SARANG V. KOTWAL, J.)
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1 issue framed by the court
Whether the weak evidence against the applicant justifies release on bail for the serious offence of assisting illegal nationals in forging documents.
Shaikh Yunus Shaikh Rahim
The State of Maharashtra
SARANG V. KOTWAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court