Rajbir Zilay Singh Vs the State of Maharashtra — Cheating and Forgery | Bombay HC (2025)

Rajbir Zilay Singh Vs the State of Maharashtra — Cheating and Forgery | Bombay HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: interim protection granted on 23.01.2025 stands confirmed, subject to conditions (attendance before the Investigating Officer as and when required; no tampering with prosecution evidence and no influencing of informant/witnesses; co-operation with investigation and trial Court proceedings), with breach liable to cancellation; the application stands disposed of.

Issue for consideration

Whether the applicant, apprehending arrest in Crime No.1132/2024 of Shrirampur Police Station for offences under Sections 420, 408 and 34 of the Indian Penal Code, is entitled to anticipatory bail / confirmation of the interim protection already granted to him.

Court's answer

Having regard to the order dated 14.02.2025 passed in ABA/4/2025 (co-accused), the interim protection granted to the applicant by order dated 23.01.2025 stands confirmed, on specified terms.

Ratio / Principle

Condition imposed: the applicant shall attend the police station as and when required by the Investigating Officer.

Key takeaways

Condition imposed: the applicant shall not tamper with the evidence of the prosecution in any manner and shall not influence the informant, witnesses and other persons concerned with the case.ratio¶¶23
Condition imposed: the applicant shall co-operate with the investigation and also in the proceedings before the trial Court.ratio¶¶24
In the event the applicant violates any of the conditions specified in the order, the protection granted shall be liable to be cancelled.

Detailed headnote1 paragraphs

Anticipatory Bail — Bombay High Court, Aurangabad Bench (Arun R. Pedneker, J.), 10.03.2025 — Rajbir Zilay Singh v. State of Maharashtra, Anticipatory Bail Application No. 41 of 2025 — Applicant apprehended arrest in Crime No.1132/2024, Shrirampur Police Station, District Ahmednagar, for offences under Sections 420, 408 and 34 of the Indian Penal Code, the allegation being that the owner/co-accused along with the applicant had defrauded the Bank by changing cotton bales. Interim protection granted on 23.01.2025 was confirmed on parity with the co-accused, whose protection in ABA/4/2025 stood confirmed by order dated 14.02.2025 (co-accused's role stated to be higher than the applicant's). Conditions imposed: attendance before the Investigating Officer as and when required; no tampering with prosecution evidence and no influencing of informant/witnesses; co-operation with investigation and trial. Breach of conditions liable to result in cancellation. Observations confined to disposal of the application; trial Court to proceed uninfluenced.

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2025:BHC-AUG:6849

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

31 ANTICIPATORY BAIL APPLICATION NO. 41 OF 2025

RAJBIR ZILAY SINGH

VERSUS

THE STATE OF MAHARASHTRA

Advocate for Applicant : Mr. A. B. Kharosekar a/w. Mr. S. P. Singh h/f. Mr. Ravi P. Jadhav

APP for Respondent/State: Mr. S. P. Sonpawale

CORAM : ARUN R. PEDNEKER, J.

DATE : 10.03.2025

P.C. :

1] Heard learned counsel for the applicant and the learned APP for the respondent-State.

2] The applicant has approached this Court apprehending arrest in connection with Crime No.1132/2024, registered with Shrirampur Police Station, Taluka Shrirampur, District Ahmednagar, for the offences punishable under Sections 420, 408 and 34 of the Indian Penal Code.

3] This court by order dated 23.01.2025 granted interim protection to the applicant considering the order dated 15.01.2025, passed in ABA/4/2025 in the case of the co-accused. The learned counsel submits that the role of the

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co-accused in ABA/4/2025 is higher than that of the present applicant. The learned counsel submits that the interim protection granted the co-accused / owner of the goods was confirmed vide order dated 14.02.2025. The allegation is that the owner along with the applicant had defrauded the Bank by changing the cotton bales.

4] Considering the order passed in ABA/4/2025, dated 14.02.2025, the interim order granted in this case would also stands confirmed.

5] In view of the above, the interim protection granted by order dated 23.01.2025 stands confirmed, on the following terms:

i] The applicant shall attend the police station as and when required by the Investigating Officer.

ii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case.

iii] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

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6] In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled.

7] It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

8] The application stands disposed of.

[ARUN R. PEDNEKER] JUDGE

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