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2021 Supreme(Bom) 781

VIBHA KANKANWADI
Prabodh @ Pramod Madhukar Rathod – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
T.M.Malnas, Advocate, Imran Dekshmukh, Advocate, Anup B.Pande, Advocate, S.B.Narwade, Advocate

JUDGMENT

1. Present applicant, who is accused No.1 in CR No.27/2016 dated 28.7.2016, registered with Mandavi Police Station, District Nanded, came to be arrested on 22.5.2017 for the offences punishable under Sections 167, 171, 193, 197, 198, 201, 203, 213, 214, 218, 221, 420, 419, 467, 468, 471, 120(B), 34 of IPC and under Sections 13(1)(a), 13(1)(d), 13(2) and 8 Prevention of Corruption Act, 1988. He prays for releasing him bail under Section 439 of Cr.P.C.

2. Heard learned Advocates and learned APP appearing for respective parties.

3. It has been contended on behalf of the applicant that investigation is complete and charge sheet has been filed. Therefore, further physical custody is not required. His trial has also not started. The prosecution story is that the present applicant had provided dummy candidates in the competitive examinations by providing them Hall Tickets and thereafter those persons have secured jobs in the Government Departments. The investigation done so far does not attribute any specific role to the applicant. In fact, he has been falsely implicated. The charge sheet is based on the statement of co-accused, which is inadmissible in law. The Evidence of Hand-w

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