Raosaheb Sukhdev Katore v. State Of Maharashtra

47-ABA-59-23 Fake Gold.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 59 OF 2023 Raosaheb Sukhdev Katore ...Applicant

Versus

The State of Maharashtra

...Respondent

.........

Mr. Varad Ozarkar i/b Mr. Aniket Nikam i/b Mr. Amit Icham for the Applicant.

Mr. Amit Palkar, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 23 JANUARY 2023 P.C. :- .

This application under Section 438 of the Code of Criminal Procedure, 1973 is filed for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No. 154 of 2022 registered at Wadivarhe Police Station, Nashik for the offence punishable under Sections 406, 420, 567, 468, 504, 506, r/w. 34 of Indian Penal Code.

3.

The applicant and other co-accused had availed gold loan from State Bank of India. It is alleged that the Manager of the Bank got suspicious about the genuineness of the gold ornaments pledged by the applicant and other co-accused. According to the prosecution, he thus got re-examined the gold ornaments pledged by the applicant and other co-accused from another valuer and he found that gold ornaments were not genuine. MJ Jadhav 1 / 2

47-ABA-59-23 Fake Gold.odt 4.

I have heard the learned Counsel for the applicant and the learned APP for the State.

5.

The learned Counsel for the applicant submits that the applicant has repaid the amount of loan. It is further submitted that there is no need of custodial interrogation of the present applicant. 6.

On the other hand, the learned APP for the State submits that the applicant is involved in a serious offence of cheating and fraud. It is further submitted that the applicant is involved in one more crime of similar nature. It is submitted that considering the nature of offence, the applicant may not be released on anticipatory bail. 7.

Considering the facts and circumstances of the case and as the Digitally signed by MANGALTAI JAYWANT JADHAV Date:

2023.02.04 10:41:59 +0530 MANGALTAI JAYWANT JADHAV applicant is involved in one more crime of similar nature, I am not inclined to grant anticipatory bail to the present applicant. Hence, the following order is passed :

(i) Application is rejected.

( N.R. BORKAR, J. ) MJ Jadhav 2 / 2