Mahesh Gajanan Tapase v. The State Of Maharashtra And ANR

APL-547-19.doc BDP-SPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Bharat D. Pandit CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO.547 OF 2019 Bharat D. Pandit Date: 2020.01.07 18:41:55 +0530 Mahesh Gajanan Tapase .... Applicant V/s The State of Maharashtra and Ors ..... Respondents Mr. Niranjan Mundargi a/w Mr. Shailesh D. Chavan and Mr. Raviraj R. Paramare for the Applicant.

Mrs Aruna S. Pai, APP for the State.

Mr Sameer Shaikh, ASP, Satara Sub-Division, Satara City Police Station, present.

CORAM: B.P. DHARMADHIKARI & NITIN W. SAMBRE, JJ.

Order reserved on : 3/12/2019 Order pronounced on : 6/1/2020 (In Chamber at 2.45 P.M.) P.C.:

1] Heard.

2] Bail granted to the Applicant came to be cancelled by the order impugned dated 31/1/2018, as in the order of prior approval dated 14/10/2017 passed under Section 23(1)(a) of MCOCA, Applicant is shown to be the leader of the crime syndicate/gang from whose custody the sufficient material viz. 16 stamp papers out of which 9 containing transaction of Rs 2,40,00,000/-, 7 blank stamp papers, 55 cheques of various Banks out of which 26 cheques were for an amount 1/2

APL-547-19.doc of Rs 3,92,39,000/- and 29 blank cheques, is already sezied. 3] This Court, while considering the prayer for quashing of FIR at the behest of the Petitioners in the aforesaid crime, has already made an observation that there is sufficient material available on record so as to prima faice notice that there is reasonable ground to believe that accused has committed offence of severe gravity. Such offence is severally punishable. There is likelihood of the Applicant/accused tampering with the evidence and that being so, in our opinion, no case for interference is made out.

4] As such, Application fails and same stands dismissed. ( NITIN W. SAMBRE, J. ) (B. P. DHARMADHIKARI, J.) 2/2