Supreme Court Asks BJP MLA Jaykumar Gore To Surrender & Apply For Bail Before Trial Court In Forgery Case

The direction was issued by the bench of CJI NV Ramana, Justices Krishna Murari and Hima Kohli after being informed by the State's counsel that chargesheet has already been filed in the case.

The Top Court also asked the Trial Court to consider MLA's bail application in accordance with law without being influenced by the orders passed by this Court or the High Court.

"It is submitted by the counsel for the State that chargesheet has already been filed. The accused is directed to surrender before the Trial Court and file a regular bail which would be considered expeditiously in accordance with law uninfluenced by the orders passed by this court or High Court," court said in its order.

The case relates to the fraudulent preparation of bogus documents regarding land in Mayani village in Maharashtra which was registered on the basis of a complaint preferred by Mahadev Piraji Bhise.

The complaint was registered with Dahiwadi Police Station for the offenses punishable under Section 193, 199, 200, 419, 420, 423, 205, 209, 467, 426, 465, 468, 471 r/w 34 of Indian Penal Code, 1860 (IPC) and Section 3 (1) (A) and 3 (1) (g) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC and ST Act. 1989).

The MLA had approached the Top Court assailing Bombay High Court's order of rejecting his pre-arrest bail. The bench of Justice Revati Mohite-Dere and Justice V G Bisht had rejected granting Gore pre-arrest bail but had granted him 2 weeks of interim protection from arrest to enable him to approach the Top Court.

On June 23, the vacation bench of Justices CT Ravikumar and Sushanshu Dhulia had extended the interim protection granted by the High Court till July 1, 2022.

Advocate Rahul Chitnis for the State of Maharashtra today submitted that charge sheet has already been filed in the case.

Laying emphasis on the fact that the MLA had been cooperating during investigation, Senior Advocate Siddharth Luthra urged the bench to consider extending the interim protection which was granted on June 23.

"I have cooperated during the investigation. Charge Sheet has been filed. Today having cooperated may consider confirming the interim order granted," Luthra submitted.

However the bench at this juncture asked the MLA to surrender and apply for regular bail before the Trial Court.

"Go surrender if chargesheet has been filed. Apply for regular bail," the CJI said.

Case Title: Jaykumar Gore v State of Maharashtra