11.ba1381.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

BAIL APPLICATION NO. 1381 OF 2021

Shivsiddha Vitthal Bulla.

...Applicant

V/s.

State of Maharashtra.

… Respondents.

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Mr. A.H.H. Ponda, Sr. Counsel i/b. Mr. Priyal G. Sarda,

advocate for applicant.

Ms. P.P. Shinde, APP for State.

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CORAM :SMT. SADHANA S. JADHAV.

DATE :APRIL 19, 2021.

P.C.

1

Heard the learned Counsel for the applicant through video

conferencing and learned APP for State.

2

This is an application under section 439 of the Code of

Criminal Procedure, 1973 for enlargement on bail. The applicant is

arrested on 9/2/2021 in C.R. No. 129 of 2020 registered at Sadar

Bazar Police Station, Solapur for the offence punishable under section

420, 467, 468, 471, 177, 120(b), read with section 34 of the Indian

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Penal Code and 125(c) of People Representation Act. The name of the

applicant does not appear in the FIR and it appears that his name has

surfaced in the course of investigation.

3

The facts of the present case in a nutshell are as follows :

(i)

One Shri Nurandswami s/o. Gurubasayya Hiremath @ Dr.

Jaysiddheshwar Shivacharya Mahaswamiji had contested Loksabha

Election in the year 2019 from the “reserve category” as he was in

possession of the certificate classifying him as a person belonging to

“Beda Jangam” He had contested election from 42 Solapur Loksabha

Constituency. He had succeeded and has been declared as the

member of Parliament.

(ii)

On 29/2/2020 one Balasaheb Baban Sirsat, in-charge

Tahasildar, Akkalkot filed a complaint alleging therein that the caste

certificate of Dr. Jaysiddheshwar Shivacharya Mahaswamiji has been

invalidated by the District Caste Certificate Scrutiny Committee,

Solapur vide Judgment and Order dated 24/2/2020.

(iii)

Dr. Jaysiddheshwar Shivacharya Mahaswamiji has filed

Writ Petition (St.) No. 3889 of 2020 in this Court. The Division Bench

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of this Court (Coram : K.K. Tated & Sarang V. Kotwal, JJ) had passed

an order to the effect that in the eventuality, complaint is not filed by

Tahasildar as per order dated 24/2/2020, Tahasildar is directed not to

take steps till the next date. However, the complaint was filed on

29/2/2020. On 12^th March, 2020 Division Bench has stayed the

operation and implementation of the impugned order dated

24/2/2020 in Complaint No. 2 of 2019 passed by the District Caste

Certificate Scrutiny Committee, Solapur. However, the investigation

continued. By an order dated 26/3/2020 Dr. Jaysiddheshwar

Shivacharya Mahaswamiji was granted pre-arrest bail by this Court in

ABA No. 718 of 2020.

4

Learned APP submits that it is true that name of the

applicant is not stated in the FIR. However, in the course of

investigation, it has transpired that the certificates were prepared by

Dr. Jaysiddheshwar Shivacharya Mahaswamiji with the help of present

applicant and that several certificates, documents and seals of the

executive magistrate are found in the house search of the present

applicant and therefore, it is clear that the applicant is working as an

agent for giving false and bogus certificate. It is also alleged that the

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applicant had aided Dr. Jaysiddheshwar Shivacharya Mahaswamiji in

obtaining a certificate as “Beda Jangam”. Learned APP submits that in

the course of investigation, statements of several people have been

recorded, who have claimed that they have given due consideration to

the applicant to prepare forged bogus certificate as belonging to “Beda

Jangam” caste.

5

In fact, the beneficiary has been protected by this Court in

the nature of pre-arrest bail. The applicant is in custody since

9/2/2021. Further incarceration of the applicant is unwarranted.

Hence, the application deserves to be allowed. Hence, following order

is passed:

ORDER

(i)

The application is allowed.

(ii)

The app