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Bombay High Court

RIZWAN JAWEED HUSAIN BELIFversusTHE STATE OF MAHARASHTRA

Disposal
Allowed

Holding

The court confirmed the anticipatory bail order dated 30 October 2023, allowing the applicant to remain on bail.

Summary

The applicant, an RTO agent, was implicated in alleged forgery of signatures on Form 26 for vehicle lien removal and issuance of duplicate registration certificates, leading to an FIR under IPC sections 420, 465, 467, 468 and 471. He sought anticipatory bail, which the trial court granted on 30 October 2023 subject to conditions including a bond and cooperation with the investigation. The applicant complied with the conditions, appeared before the investigating officer, and the investigation culminated in a charge‑sheet (RCC No.644 of 2024) now before the JMFC, Solapur, at the charge‑framing stage. The State did not dispute the applicant’s compliance. The High Court, after hearing counsel, confirmed the earlier anticipatory bail order, allowing the applicant to remain on bail, and disposed of the anticipatory bail application.

Issues considered

  • Whether the anticipatory bail granted on 30 October 2023 should be confirmed in view of the applicant's compliance with the conditions and the pending charge‑framing stage of the case.

Legislation cited

Subjects

  • anticipatory bail
  • forgery
  • IPC sections 420, 465, 467, 468, 471
  • CrPC Section 438
  • RTO agent
  • vehicle registration
  • bail conditions

Judgment

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                                                                                  1-ABA-3025-2023 (CR).DOC


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIRCUIT BENCH AT KOLHAPUR

                                            CRIMINAL APPELLATE JURISDICTION

                                     CR. ANTICIPATORY BAIL APPLN. NO. 3025 OF 2023

                        Rizwan Jaweed Husain Belif                                      …...Applicant
                              VERSUS
                        The State Of Maharashtra                                      …...Respondent

                        _________________________________________________________________


                        Mr. Viresh Purwant a/w Mr. Ashutosh Purwant, for Applicant.
                        Mr. Nitin B. Patil, A.P.P., for the Respondent - State.
                        _________________________________________________________________
         Digitally
         signed by
         SHANTANU
SHANTANU SHANKARSA
SHANKARSA DHUDUM
DHUDUM    Date:
         2026.09.28
         21:04:37
         +0530

                                            CORAM           :   ASHWIN D. BHOBE, J.
                                            DATE            :   28th SEPTEMBER, 2026.
                        P.C.

                        1.          Heard Mr. Viresh Purwant, learned Advocate for the Applicant

                        and Mr. Nitin B. Patil, learned A.P.P., for the Respondent - State.


                        2.          On 30th October 2023, the following order was passed:

                                    “1. Heard the learned counsel for the applicant and the learned
                                       APP for the State.

                                    2. This application is preferred seeking pre-arrest bail in
                                       connection with C.R. No. 390 of 2023 registered at Vijapur
                                       Naka police station for the offences punishable under
                                       sections 420, 465, 467, 468 and 471 of Indian penal Code,
                                       1860.

                                    3. The applicant is an RTO agent. The first informant is posted
                                       as Assistant RTO, Solapur. The first informant lodged report


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                                                                       1-ABA-3025-2023 (CR).DOC


                        with the allegations that owners of the vehicles and their
                        authorized representative had submitted applications for
                        removal of lien and issue of a duplicate registration
                        certificate in respect of vehicles. It transpired that the
                        signatures of the RTO officers on Form 26 required to be
                        submitted to get the lien removed and duplicate
                        registration certificate issued were forged.

                     4. The first informant alleged that the standard practice
                        followed by the RTO is to make the registered owner or his
                        representative put signature on the Form in the presence of
                        the RTO officer.

                     5. The learned counsel for the applicant submitted that it is not
                        the allegations of the first informant that any of the
                        documents submitted by the applicant and the other co-
                        accused to get the lien removed and duplicate registration
                        certificate issued, were forged.

                     6. The learned APP submitted that the investigation is
                        underway to ascertain whether the dues of the banks and
                        financial institutions were cleared before making the
                        application.

                     7. In view of the aforesaid submission, it may be expedient to
                        protect the liberty of the applicant while directing him to
                        join in the investigation.

                     8. In the event of arrest in C.R. No. 390 of 2023 registered
                        with Vijapur Naka police station, the applicant be released
                        on bail on furnishing a P.R. bond in the sum of Rs.30,000/-
                        with one or two sureties in the like amount.

                     9. The applicant shall cooperate with the investigation and
                        attend Vijapur Naka police station, on 6th, 7th and 8th
                        2023 in between 10 am to 1 pm and, thereafter, as and
                        when directed.

                     10. The applicant shall submit his specimen handwriting and

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                         signature before the investigating officer.

                      11. The applicant shall not tamper with the prosecution
                         evidence and give threat or inducement to first informant,
                         any of the prosecution witnesses or any person acquainted
                         with the facts of the case.

                         Stand over to 18th December, 2023.”

         3.           Mr. Viresh Purwant, learned Advocate for the Applicant, states

         that the Applicant has appeared before the Investigating Officer as and

         when required by the Investigating Officer and the Applicant has co-

         operated with the investigation in Crime No.390 of 2023. He submits that

         upon conclusion of the investigation, the Respondent has filed a charge-

         sheet, which is now registered as R.C.C. No.644 of 2024 and is pending

         before the learned J.M.F.C., Solapur. He submits that the Applicant is

         regularly appearing in R.C.C. No.644 of 2024. He submits that the present

         stage of the said criminal proceedings (R.C.C. No.644 of 2024) is for

         framing of charge, wherein the Applicant has filed an Application seeking

         discharge.


         4.           Today, Mr. Nitin B. Patil, learned A.P.P. for the Respondent –

         State, does not dispute the statements made by Mr. Viresh Purwant,

         learned Advocate for the Applicant.


         5.           In view of the above, statements made by Mr. Viresh Purwant,

         learned Advocate for the Applicant, further the Applicant being on interim




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         bail since 30/10/2023, this Application is allowed by confirming the order

         dated 30th October 2026.


         6.          Anticipatory Bail Application No.3025 of 2023 is disposed of.




                                                      ( ASHWIN D. BHOBE, J.)




Shantanu S. Dhudum


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