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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

BAIL APPLICATION NO. 99 OF 2022

Satish S/o Soma Varde

Applicant

Versus

The State of Maharashtra

Respondent

Mr. S. G. Chapalgaonkar, Advocate holding for Mr. R. B. Ade,

Advocate for the applicant.

Mr. S. B. Narwade, APP for respondent/State.

CORAM : M.G. Sewlikar, J.

DATE : 22^nd FEBRUARY, 2022.

PER COURT :

1.

By this application, applicant is seeking his release on

bail in connection with Crime No. 0001/2022 registered with Chopda

City Police Station, Dist. Jalgaon, for the offences punishable under

Sections 353, 420, 465, 186, 294, 506 of the Indian Penal Code.

2.

Facts in brief are that the informant, Police Constable

Sumer Kisan Waghare, was on bandobast duty on 31^st December,

2021 in Chatrapati Shivaji Maharaj square. At 10.30 pm, a Fiat car

of blue colour bearing No. MH 14 AP 1891 came from bus stand,

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Chopda. The driver of the car was signaled to stop the vehicle, which

he did not do. He stopped the vehicle after crossing some distance.

When informant and Police Constable Viay Bacchaw demanded the

papers of the car, applicant refused to give the same. He started

behaving arrogantly with them. He threatened them of involving

them in atrocity case. He also punched on the chest of the informant

and kicked the PSI who was present with the informant. He abused

the offcers calling them Hksupksn and threatened them that he would

get them dismissed. On these allegations, First Information Report

came to be lodged against the applicant under the aforesaid sections.

3.

During investigation, it transpired that the applicant had

forged the number plate of the Fiat car. Report of the RTO Offcer

shows that this number was assigned to a two wheeler. The number

which was assigned to a two wheeler has been used by the applicant.

Initially, offences under Sections 353, 186, 294, 506 of the Indian

Penal Code came to be registered against the applicant. But after

investigation, offences under Sections 420 and 465 came to be added.

4.

Heard Shri Chapalgaonkar, learned counsel for the

applicant and Shri Narwade, learned APP for the State.

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5.

Learned counsel Shri Chapalgaonkar submits that except

offences under Sections 353 and 420 the Indian Penal Code, all the

offences are bailable. He submits that merely using registration

number of another two wheeler cannot be an offence falling under

Section 420 of the Indian Penal Code. He submits that it does not

amount to even forgery. The registration number is in existence but

it is not assigned to the vehicle of the applicant. Therefore, it cannot

be called a fake number. He submits that at the most, it will be an

offence under Section 65 read with Section 192 of the Motor Vehicles

Act. He submits that for forgery, there has to be some intention to

gain or forgery must be with that objective. In the case at hand,

there was no intention of gaining anything. He submits that the

applicant had used this number as it is the date of birth of

Dr. Babgasaheb Ambedkar. He submits that the date of birth of

Dr. Babasaheb Ambedkar is 14^th April, 1891. Applicant used “AP” as

a short form for April. He submits that applicant is behind the bars

since 54 days. Investigation is almost over and only formality of

presenting charge-sheet is remained.

6.

Learned APP Shri Narwade submits that using

registration number of another vehicle as a genuine one amounts to

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forgery. He submits that using a fake document as genuine one

amounts to forgery under Section 464 of the Indian Penal Code. He

places reliance on Section 464 of the Indian Penal Code for this

purpose. He further submits that though Section 468 of the Indian

Penal Code is not applied, at the time of fling of charge-sheet, it can

be applied. Section 471 of the Indian Penal Code can also be applied

at the time of fling of the charge-sheet.