Abdul Wahab Mohammad Yasin Shaikh And ANR v. State Of Maharashtra

3 aba 1574-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1574 OF 2023 Abdul Wahab Mohammad Yasin Shaikh & Anr.

..Applicants v/s.

The State of Maharashtra .

..Respondents Mr. Priyal Sarda for the Applicant.

Mr. S.V.Gavand APP for the State.

CORAM : ANUJA PRABHUDESSAI ,J.

DATED : 6th JUNE, 2023.

P.C.

1.

This is an application under Section 438 Cr.P.C. filed by the aforesaid Applicant apprehending his arrest in C.R.No.177 of 2023 registered with VIjapur Naka Police Station, Solapur for offences under Section 420, 467, 468, 471 r/w. 34 of the Indian Penal Code. 2.

Heard learned Counsel for the Applicant and learned APP for the State. I have perused the records and considered the submissions advanced by the learned Counsel for the respective parties . 3.

The aforesaid crime was registered pursuant to the FIR lodged by Vinay Ramchandra Mantri, Assistant General Manager, Cholamandal MS General Insurance Company Ltd., Solapur, Maharashtra. The facts Digitally signed by PRASANNA P SALGAONKAR Date:

2023.06.07 18:09:47 +0530 narrated in the FIR prima facie reveals that the Accused No.1 Ajay PRASANNA P SALGAONKAR pps

3 aba 1574-23.doc Korwar was running the Siddharth Online Services, Opp. RTO Office, Solapur. He along with the co-accused No.2 Pradeep Sawant had induced about 1731 persons from the State of Maharashtra, Karnataka, Goa, West Bengal, Uttar Pradesh, Rajasthan etc in purchasing Insurance policies for less amount by visiting the website of Cholamandalum. They claim to be the RTO Agents. It is alleged that they forged the Insurance policies and cheated the Insurance Company to the tune of Rs.2,93,68,836/-. The records prima facie reveal that the Applicant was also involved in referring several customers to the main accused. The material on record and the statements of the witnesses in particular, prima facie reveals that the Applicants were bringing the customers to the Office of the Accused No.1.

The Applicants used to receive money from the Accused No.1. There is material on record to show the bank transaction between the Applicant No.1 and the Accused No.1. The material on record prima facie shows the involvement of the Applicant in the alleged crime. The offence is of serious nature, and the investigation is at initial stage.

4.

Considering the above facts and circumstances, this is not a fit case to exercise discretion under Section 438 of Cr.P.C. Hence the Application is dismissed.

(ANUJA PRABHUDESSAI, J.) pps