Shubhangi Sunil Shelke v. The State Of Maharashtra

2-aba1039-2023.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1039 OF 2023 Shubhangi Sunil Shelke ... Applicant V/s.

The State of Maharashtra ... Respondent Mr. Sanjay Patil for the applicant.

Mr. P. H. Gaikwad, APP for the respondent/State.

CORAM

: AMIT BORKAR, J.

DATED : JULY 4, 2023 P.C.:

1.

Apprehending arrest in connection with C.R. No.I-12 of 2023 registered with Taluka Miraj City Police Station, Sangli for offences punishable under sections 420 and 34 of the Indian Penal Code, 1860, the applicant is seeking relief under section 438 of the Criminal Procedure Code, 1973.

2.

According to the prosecution, one Ravi Shrikant Magdum lodged a report alleging that one Radhika Londhe known to the informant through small saving groups told him that the applicant shall assist the informant to get government loan with 50% subsidy. Accordingly, the applicant met with the informant. Applicant told him that she is having one financial company at Karad providing loan with 50% subsidy from Zilla Parishad quota for which Rs.50,000/- would be necessary as processing charges.

2-aba1039-2023.doc The informant accordingly supplied necessary documents and paid Rs.25,000/-. The informant in all paid amount of Rs.3,52,500/- to the applicant. However, the applicant neither arrange loan nor any amount of loan was disbursed, hence, he filed a report. 3.

The applicant, therefore, approached the Sessions Judge under section 438 of the Criminal Procedure Code, 1973, which came to be rejected by order dated 2nd March 2023. 4.

On perusal of the report and case papers, it prima facie appears that apart from the informant, similar complaints are filed against the applicant by six other victims. The total amount allegedly paid to the applicant by the informant and others similarly situated victims is Rs.50,97,300/-. It is likely that the amount of Rs.50,97,300/- will be increased. There are antecedents of similar offences registered with Jath Police Station, Sangli and Chandan Nagar Police Station, Pune for similar offences. Part of the amount is paid by the informant by bank transaction. Therefore, prima facie case is made out against the applicant. 5.

The anticipatory bail application is, therefore, rejected. (AMIT BORKAR, J.)