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Bombay High CourtABA/656/2018others disposed off

Amar Madhukar Sasane v. The State Of Maharashtra

2018-10-12Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 656 OF 2018 Amar Madhukar Sasane ....Applicant V/s.

The State of Maharashtra ....Respondent Mr. Ujwal R. Agandsurve for the applicant.

Mr. S.H. Yadav, APP for the State.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 12th OCTOBER, 2018.

P.C.:

.

This is an application under section 438 of Criminal Procedure Code, filed by the aforesaid applicant, apprehending his arrest in C.R.No.58/2018 registered with Vimantal (Airport) Police Station, District Pune for offences punishable under sections 420, 465, 471 r/w. 34 of the Indian Penal Code.

2.

Heard Mr. Ujwal Agandsurve, learned counsel for the applicant and Mr. S.H. Yadav, learned APP for the State. I have perused the records and considered the submissions advanced by the learned counsels for the respective parties.

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3.

The aforesaid crime was registered pursuant to the first information report lodged by Sanjay Sadashiv Khare, the Manager of Saraswat Bank, Karve Road, Kothrud, Dist. Pune. The first information report prima facie reveals that the applicant and one Deepak Ganesh Pardeshi had taken loan for purchase of vehicle. They stopped paying the loan installments after making initial payment for couple of times. On verification, it was found that Deepak Ganesh Pardeshi had availed loan of Rs.12,40,000/- and that the applicant had availed loan of Rs.11,61,164/- for purchasing Ronalt Logi Car. The applicant and the co-accused had produced the quotation of Unnati Motors. Upon verification, it was found that there was no such showroom in the name of Unnati Vehicle Pvt. Ltd.

It was revealed that the applicant and the co-accused had purchased Ronalt Logi Car for Rs.10,19,728/- and that the said Unnati Vehicle Pvt. Ltd. had received an amount from Axis Bank. They opened bogus account in the name of Unnati Motors, Fatimanagar in the Axis Bank and encashed the amount of Rs.12,40,000/- and Rs.11,61,164/- given by Saraswat Bank. 4.

The material on record prima faice shows the involvement of the applicant in commission of the said crime. The crime was pre-planned and needs to be investigated thoroughly. Considering the nature of the 2/3

allegations levelled against the applicant, this is not a fit case to exercise discretion and grant of pre arest bail. Hence, the Application is dismissed.

(SMT. ANUJA PRABHUDESSAI, J.) 3/3