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Rajesh Kumar v. State of MaharashtraIn the Excessive Courtroom of BombayABA 2038/2018Before Justice Prakash D. NaikDecided on February 06, 2019
Relevancy of the case: Anticipatory bail software in a case involving forgery of paperwork
Statutes and Provisions Concerned
The Data Expertise Act, 2000 (Part 43, 72A)
The Indian Penal Code, 1860 (Part 34, 465, 467, 468, 471)
The Code of Felony Process, 1973 (Part 438)
Related Information of the Case
The applicant had beforehand approached the Periods Courtroom for the grant of anticipatory bail. Nonetheless, the Periods Courtroom rejected the appliance on varied grounds.
The applicant had allegedly cast a number of paperwork, together with an Aadhaar card, PAN card, and delivery certificates. He additionally tried to alter his title and printed an official gazette for a similar.
The applicant allegedly did this to accumulate the property of the belief of his non secular mother and father.
Distinguished Arguments by the Advocates
The applicant’s counsel argued {that a} third individual had obtained the delivery certificates. He assumed that it was in good religion. Later, he filed an FIR towards the one who obtained this certificates illegally for him.
The respondent’s counsel submitted that the applicant had cast his paperwork a number of occasions, and there’s no proof of his delivery origin in India. Therefore, he can not declare safety underneath Part 438 of the Code of Felony Process, 1973.
Opinion of the Bench
After contemplating the circumstances, the bench concluded that custodial interrogation of the applicant is important.
Remaining Choice
The bench rejected the anticipatory bail software.
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