Firoz Khalid Shaikh v. The State Of Maharashtra

907-aba-657-23.doc Digitally signed by DINESH SADANAND SHERLA Date:

2023.03.13 15:59:44 +0500

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

DINESH SADANAND SHERLA CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.657 OF 2023 Firoz K. Shaikh ...Applicant V/s.

State of Maharashtra

...Respondent.

Mr. Yogesh P. Kakade for the Applicant.

Mr. P.H. Gaikwad- Patil, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

03.03.2023.

P.C. :

1.

This is an application under Section 438 of Code of Criminal Procedure for anticipatory bail.

2.

The applicant is apprehending his arrest in Crime No.320 of 2022 registered at Khadak Police Station, Pune for the ofences punishable under Sections 406, 420, 467, 468, 471 read with 34 of the Indian Penal Code.

3.

I have heard the learned counsel appearing for the applicant and the learned APP for the respondent / State. 4.

The complainant was in need of loan for his hotel business. The allegations against the present applicant and other coaccused are that they assured the complainant that they would get loan sanctioned for him on the condition that he will have to pay certain amount to bank ofcials. It is alleged that the present applicant and other co-accused then got prepared the forged loan Dinesh S. Sherla 1/2

907-aba-657-23.doc sanction letter of H.D.F.C Bank sanctioning the loan of Rs.2.10 crore in favour of the complainant and then they made him to pay Rs.22,50,000/- to them.

5.

The learned counsel for the applicant submits that the applicant has nothing to do with the alleged crime. It is submitted that the applicant has not committed the alleged forgery. It is submitted that there is no need of custodial interrogation as nothing is to be recovered at the instance of the applicant. 6.

On the other hand, the learned APP for the respondent/ State submits that it was the applicant, who assured the complainant that he would get the loan sanctioned and on the said pretext duped the complainant to the tune of Rs.22,50,000/-. It is submitted that considering the nature of ofence, the applicant may not be granted anticipatory bail.

7.

I have perused the First Information Report. Prima facie, it appears that the present applicant and other co-accused in connivance with each other had prepared the alleged forged loan sanction letter. Considering the nature of ofence, I am not inclined to release the applicant on anticipatory bail. Hence, the Anticipatory Bail Application is rejected.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2