The Bombay High Court granted Anticipatory Bail to Chartered Accountants (CA) alleged for submitting a bogus surety.
It has been alleged against the applicant, Behram Maneck Pardiwala who is a CA by a profession that he was prosecuted for the offence punishable under sections 554, 557, 3850 r/w 34 of the Indian Penal Code by Tardeo Police Station. He surrendered before the Police and he was released on bail of Rs.50,000/-. He submitted a surety namely Shri Javed Mohammad Padwekar. On enquiry, it was revealed that the said Javed Mohammad Padwekar and some other sureties were found to be bogus. It is alleged against the sureties that they submitted false and bogus documents. One of the surety is Javed Mohammad Padwekar who stood surety for the applicant. Subsequently, the applicant came to know about the registration of crime against his surety.
Therefore, he approached the concerned Magistrate and sought permission to furnish cash security. Accordingly, his prayer was allowed. The applicant has deposited cash security in lieu of the surety bond. It appears that on the enquiry of Tardeo Police Station, at the instance of the staff member of Girgaon Court, it was revealed that in all, three sureties submitted false documents and stood surety for different accused. Even if the FIR is ready as it is, it does not attribute any illegal action against the applicant.
The single-judge bench of Justice Surendra Tavade held that the applicant has submitted the surety bond of Javed Mohammad Padwekar. It was the duty of the concerned advocate to verify the document of surety and place it before the court. It appears that Advocate Sayed has verified the document of surety and on scrutiny of the document, surety was accepted. Therefore, it cannot be said that the applicant was in no way concerned with the preparation of the document of his surety. Therefore, prima facie, no offence is made out against the applicant.
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