Bombay High Court
PRATAPSINGH LALASO DESHMUKHversusTHE STATE OF MAHARASHTRA
- Disposal
- Disposed Off
Holding
The court held that, in the absence of material linking the applicant to the offence, the interim bail granted earlier is confirmed and made absolute.
Summary
The applicant, Pratapsingh Lalaso Deshmukh, was implicated in FIR No. 509 of 2023 for alleged forgery and fraud in securing a police constable post, charged under IPC sections 420, 467, 468, 471 read with section 34. He contended that he was not the same person named in the charge sheet (P.L. Deshmukh) and that no material linked him to the crime. The trial court had granted interim bail on 4 October 2023, subject to conditions. In 2026, the State’s counsel informed the court that the investigation was complete and a charge‑sheet had been filed as Sessions Case No. 249 of 2023. The High Court examined whether the filing of a charge‑sheet altered the bail position and found no substantive evidence connecting the applicant to the alleged offence. Consequently, the court confirmed and made absolute the interim bail, allowing the anticipatory bail to stand.
Issues considered
- Whether anticipatory bail should be confirmed despite the filing of a charge‑sheet in the case.
- Whether there is sufficient material evidence to link the applicant with the alleged forgery and fraud.
Legislation cited
- Indian Penal Code, 1860 — s. 34, 420, 467, 468, 471
Subjects
- anticipatory bail
- interim bail
- IPC sections 420, 467, 468, 471, 34
- forgery
- police recruitment
- charge sheet
- Sessions case
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
VAIBHAV
CRIMINAL APPELLATE JURISDICTION
RAMESH
JADHAV
Digitally signed by
VAIBHAV RAMESH
JADHAV
Date: 2026.09.22
20:06:07 +0530 CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 2748 OF 2023
Pratapsingh Lalaso Deshmukh … Applicant
V/s.
The State of Maharashtra … Respondent
None for the Applicant.
Dr. A. A. Takalkar, APP fort the State.
Mr. Vikas Metkari, PSI, Sadar Bazar Police Station, Solapur
is present.
CORAM : ASHWIN D. BHOBE, J.
DATED : SEPTEMBER 22, 2026
P.C.:
1. When this Application was called out, neither the Applicant nor
the Advocate on record for the Applicant (Mr. Viresh Purwant) was
present, either physically or through V.C. mode.
2. This Anticipatory Bail Application is pending since the year 2023.
As such, with the assistance of Dr. A. A. Takalkar, learned APP for the
State, the same was considered, notwithstanding the absence of the
Advocate for the Applicant.
3. On 4th October 2023, the following order was passed:
“1. Heard the learned Counsel for the parties.
2. This is an application for pre-arrest bail in connection with
C.R.No.509 of 2023 registered with Sadar Bazar Police Station for the
offences punishable under Sections 420, 467, 468, 471 read with
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Section 34 of the Indian Penal Code.
3. Mr. Vikas Chandrakant Mhaske – accused No.1, had applied for
the post of Police Constable claiming horizontal reservation under the
category of part-time candidates. The accused No.1 had submitted a
certificate to the effect that he had worked as a part time employee in
the office of Tahasildar, Beed. The said certificate was eventually
found to be forged. The accused No.1 named Hausaji Bhimrao
Deshmukh, co-accused, and one P.L.Deshmukh were named as the
persons who had assisted him in procuring the forged certificate.
4. The learned Counsel for the Applicant submitted that there is
no material to establish that the applicant is the very same
P.L.Deshmukh. Attention of the Court was invited to the remand report
dated 8 August 2023 wherein Housaji Bhimrao Deshmukh has named
one Ajay Dattu Wanre as an accomplice. Even the accused No.1 Vikas
Mhaske does not seem to have specifically named the applicant.
5. Whether the applicant was privy to the crime and had a role in
procuring and forging the certificate purportedly issued by the
Tahasildar, Beed warrants consideration. Prima facie, there is no
material to connect the applicant with the crime. I am, therefore,
inclined to exercise the discretion in favour of the applicant and grant
interim bail while directing him to join in the investigation.
6. Hence, the following order :
ORDER
(i) In the event of the arrest of the Applicant – Pratapsingh Lalaso
Deshmukh in connection with C.R.No.509 of 2023 registered with
Sadar Bazar Policie Station, the Applicant be released on bail on
furnishing a PR bond in the sum of Rs.30,000/- with one or two
sureties in the like amount.
(ii) The Applicant shall co-operate with the investigation and
report to Sadar Bazar Police Station on 12th, 13th, and 16th October
2023 between 10.00 a.m. to 1.00 p.m. and thereafter, as and, when
directed by the Investigating Officer.
(iii) The Applicant shall not tamper with the prosecution evidence
and/or give threat or inducement to any of the prosecution witnesses
and the persons acquainted with the facts of the case.
(iv) Stand over to 8 November 2023.”
4. Dr. A. A. Takalkar, learned APP for the State, on instructions from
the Investigating Officer, submits that the Applicant has cooperated with
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the investigation in C.R. No. 509 of 2023, the investigation has been
completed and the charge-sheet has been filed in Crime No.509 of
2023. She states that the charge-sheet is registered as Sessions Case No.
249 of 2023 and is pending trial before the District and Sessions Court,
Solapur.
5. Considering the statements made by Dr. A. A. Takalkar, learned
APP for the State, the interim bail granted to the Applicant on 4th
October 2023, which continues to operate till date the fact that the
charge-sheet has culminated into proceedings bearing Sessions Case No.
249 of 2023, which proceedings are said to be pending before the
Sessions Court, Solapur, the order dated 4th October 2023 passed in
this Application is confirmed and made absolute in terms of paragraph
No. 6(i) and (iii) thereof.
6. Anticipatory Bail Application No. 2748 of 2023 stands allowed
and disposed of.
(ASHWIN D. BHOBE, J.)
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