1 CRWP NO.298/2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 30. WP/298/2011 RAJARAM JAYWANT SHELKE AND ANR [Criminal] V/S THE STATE OF MAHARASHTRA ------------------------------------------------------------------ Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. Sandeep S.Deshmukh, Adv., for the petitioners. Mr. P.P.More, APP for State. ... CORAM: K.U.CHANDIWAL, J. DATE:June 17th, 2011 1. Heard. In Sessions Case No.44/2011, the accused/applicants have requested the learned Sessions Judge, by application below Exh.23 to permit them to sign the documents required to be tendered before the financial institution i.e. Bank of Maharashtra and few documents concerning retirement of the accused/applicants. Refusal by the learned Sessions Judge, by his order dt.April 2nd, 2011, has made the accused/applicants to move this Court by present application. 2. There is no controversy that the accused/applicants are involved in a serious offense of engaging contract killing of a candidate from rival group and ensuring his successful elimination. The bail pleas of the accused/applicants have been earlier rejected. 2 CRWP NO.298/2011 3. The accused/applicants, being carrying on business activities, desire certain Bank documents concerning firm M/s Disha Stone Crusher to be filled in. Indeed, such permission was rendered by the Police Officer and set of documents was signed. However, superior Bank officials did not concede to such arrangement and insisted, that permission to be obtained from the competent Court. 4. Learned A.P.P. has objected to allow the application as, according to him, by such financial facilities, further operation of the contract killing may ensue or the funds generated would be used for criminal activities. 5. The apprehension nursed by the learned A.P.P. is hypothetical, difficult to digest and far from logic. The prayer made by the accused/applicants is to allow them to sign the requisite documents of the Bank of Maharashtra at Narayangavhan, Tq. Parner, dist. Ahmednagar concerning M/s Disha Stone Crusher and also sign documents relating to partnership firm. The huge volume of the amount involved should not sway individual perception. It is for the Bank and accused/applicants to deal with said controversy. 3 CRWP NO.298/2011 Taking these aspects into consideration, the application moved before the learned Judge and urged here is allowed with following conditions: (a) Whatever set of documents the accused/applicants desire to sign, shall be completely filled in. The signed extra copy of such documents shall be placed in the Court record. The original documents that the accused/applicants would sign, at the end shall bear endorsement of attesting officer; such attestation to be carried before the Superintendent of Sessions Court at Ahmednagar. (b) The execution of the documents, being at the request of the accused/applicants, they will be precluded from canvassing that it was under duress or compulsion that, they signed such documents. It is naturally the Bank which will also carry such risk if the accused applicants raise any adverse plea. Petition allowed as above. (K.U.CHANDIWAL) JUDGE ... AGP/298-11crwp