Judgment · High Court · 2012

Mr.R.S.Deshmukh, advocate for the applicant. Mr.V.D.Hon, advocate for Respondent No.1. Mr.R.P.Phatke, A.P.P. for Respondent No.2-State. CORAM : R.M.BORDE, J. DATE : 11th January, 2012. PER COURT: 1 This is an application filed by the complainant for cancellation of bail granted in favour of Respondent No.1 – original accused in Crime No.63/2011, registered at Pachora Police Station, for the offences punishable under Sections 406, 409, 419, 420, 467, 468 read with Section 34 of the Indian Penal Code. 2 The complainant – applicant herein has lodged private complaint against Respondent No.1-accused, which is registered as Criminal Case No.57/2011. The Judicial Magistrate, First Class, Pachora sent the said complaint for investigation under Section 156(3) of the Cr.P.C. and Crime No.63/2011 came to be registered. Initially, attempt made by Respondent No.1 – original accused to secure anticipatory bail failed. As such, he appeared before the Court of Sessions and requested for grant of bail. The learned Additional Sessions Judge, by order dated {2} cria375011.odt

19.07.2011, granted provisional bail to the accused, which was later on confirmed by order dated 22.07.2011. 3 It is stated that charge sheet in the matter has been presented on 15.09.2011 and the case can be set up for recording evidence. Since the charge sheet is already presented to the Court and considering the further fact that the offences punishable under Sections 406, 409, 419, 420, 467, 468 read with Section 34 of the Indian Penal Code, are substantially in relation to fabrication of record, custodial interrogation of the accused is not necessary. No useful purpose would be served in keeping the accused-Respondent No.1 in custody after presentation of the charge sheet. The application seeking cancellation of bail, at this stage, need not be considered favourably. The application is devoid of substance. 4 Criminal Application stands rejected. adb/cria375011 R.M.BORDE JUDGE