2012 (9) TMI 1236 - SC - Indian Laws

Summary

Issues involved:
The judgment involves the consideration of an application for anticipatory bail filed by the Appellant against a complaint filed under Sections 420, 465, 468, and 471 of the Indian Penal Code, 1860, along with allegations of forgery and false representation.

Brief facts:
The Appellant, as the Founder President of a technical education society, entered into negotiations with a charity trust for leasing and selling properties in Pune. Disputes arose regarding the lease agreements, leading to legal actions including a complaint to the police and applications under the Bombay Public Trust Act, 1950.

Contentions:
The Respondents alleged that the Appellant committed forgery in lease agreements and made false representations to authorities. The State argued for custodial interrogation to seize alleged forged documents and investigate the extent of false information provided. The Complainant's Counsel emphasized the seriousness of the offenses and opposed granting relief to the Appellant.

Court's analysis:
The Court reviewed the documents, corrections, and communications involved in the case, noting the seriousness of the alleged offenses. Emphasizing the need for custodial interrogation to gather all relevant information, the Court upheld the decisions of the lower courts in denying anticipatory bail to the Appellant.

Conclusion:
The appeal for anticipatory bail was dismissed, and the Appellant was directed to surrender within two weeks to seek regular bail. The Court clarified that the decision on anticipatory bail does not affect the trial court's discretion in deciding on bail applications independently.