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2015 Supreme(Bom) 856

T.V.NALAWADE
Jivaraj – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Rajendra S. Deshmukh, Advocate.
For the Respondents: R.K. Ladda, APP.

Judgment :

1. The application is filed under section 438 of Criminal Procedure Code for anticipatory bail in RCC No. 158/2013 which is presently pending in the Court of Judicial Magistrate, First Class, Ambajogai. The case is filed for offences punishable under sections 420, 467, 468, 471 etc. of Indian Penal Code and it can be said that section 120-B of I.P.C. can also be used in view of the nature of allegations. Initially the chargesheet was filed against 42 accused persons, but only four persons faced trial as their case was separated as they were available and they are convicted and sentenced for offences of creating false record and cheating the complainant Society. From the evidence given in that case and during trial of that case against four accused, the learned J.M.F.C. passed order against applicant under section 319 of Cr.P.C. and non bailable warrant is issued against the present applicant. The crime was registered in aforesaid case on the basis of report given by present applicant and now he is to face the trial for the same offences. The order made by the learned J.M.F.C. under section 319 of Cr.P.C. was challenged by the applicant by filing the revision in Sessions C











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