The High Court granted absolute anticipatory bail to the applicant, converting an interim order of October 12, 2023. The decision was based on the lack of necessity for custodial interrogation at the interim stage, while directing the applicant to join the investigation.
The order of interim bail dated 12th October, 2023 was 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.
33-aba-2191-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2191 OF 2023
Mausam Atmaram Patil ...Applicant vs. The State of Maharashtra ...Respondent
Mr. Vivek Rane, for the Applicant Mr. S.H. Yadav, APP, for the Respondent/State. Ms. Gayatri Takalkar, for the Intervener.
CORAM : N. J. JAMADAR, J. DATE : DECEMBER 14, 2023
P.C.:
8] I have perused the allegations in the FIR and the material on record. Prima facie it appears that the first informant and the co-sharers were the parties to proceedings before the ALT under Section 32G of the Act, 1949. Being aggrieved by the decision of ALT under Section 32G, the first informant party has preferred an appeal before the Sub-Divisional Officer, which is subjudice. The role attributed to the applicant is that of facilitating the fraudulent judgment in the proceedings under Section 70(b) of the Act, 1949.
Vishal Parekar
...1
33-aba-2191-2023.doc
9] Prima facie, the material against the accused is in the nature of the statements of the witnesses that it was the applicant who had in connivance with the coaccused obtained the fraudulent judgment and that the applicant was seen with the co-accused when the proceedings were pending before the ALT.
10] At this juncture, the aforesaid material does not prima facie sustain the necessity of the custodial interrogation of the applicant. Undoubtedly the allegations against the applicant merit further investigation and if the investigation reveals the nexus between the applicant and the alleged offences, the samcan be considered at the stage of final adjudication of the prayer for pre-arrest bail. I am, therefore, inclined to grant interim protection while directing the applicant to join in the investigation.
Application disposed.
Vishal Parekar
...2
1 issue framed by the court
Whether the applicant is entitled to anticipatory bail in proceedings connected with a fraudulent judgment dispute.
Mausam Atmaram Patil
The State of Maharashtra
N. J. Jamadar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
