Balasaheb Waghmare v. The State Of Maharashtra
rpa 1/4 47-aba-1342-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1342 OF 2019 Balasaheb Waghmare .. Applicant Vs.
State of Maharashtra .. Respondent ......
Mr.Ghanasham S. Jadhav, Advocate for the Applicant. Mr.Prashant Jadhav, APP for the Respondent - State. PI Pramod Pore, Baramati Taluka Police Station, present. ......
CORAM : PRAKASH D. NAIK, J.
DATED :
NOVEMBER 04, 2019.
P.C. :
The applicant is seeking anticipatory bail in connection with C.R.No.450 of 2019, registered with Baramati Police Station, District - Pune under Sections 420, 467, 468, 471, 465 and 472 read with Section 34 of Indian Penal Code ("IPC", for short).
The First Information Report ("FIR", for short) is lodged by RTO Inspector Sakhare on 17th May, 2019. It is alleged that while inspecting documents of one vehicle, the complainant
rpa 2/4 47-aba-1342-19.doc came across one insurance policy. He got suspicious and found that the policy was not a genuine document. He inquired with his other colleagues and they found out some more instances of forged policies submitted to the RTO. FIR mentions that there were nine such instances wherein such forged policies were submitted. The remand report annexed to this application shows that the present applicant is concerned with one such instance concerning vehicle bearing No.MH-42-T-1518. The said vehicle was owned by one Devdas Narote. Said Narote was arrested and released on bail. During his interrogation, he gave the name of present applicant. According to Narote, present applicant had given that insurance policy to him.
Heard both sides. Mr.Jadhav, learned counsel for the applicant submitted that the present applicant is not an RTO agent. He is running the driving school. He submitted that he has no connection with other vehicles. He therefore submitted that there is a common thread in this racket and the present applicant cannot be the main culprit. He submitted that the present applicant is falsely implicated in this case. The investigating oficer is present in the Court. It is not disputed that the applicant has attended the police station as
rpa 3/4 47-aba-1342-19.doc directed by this Court vide interim order dated 27th June, 2019. Learned APP, on instructions, from the investigating oficer submitted that during the course of investigation it was revealed that the applicant is concerned with one insurance policy relating to vehicle bearing No.MH-42-T-1518, and, he is not concerned with the other documents. The accused nos.10 and 11 were arrested from whom the fake insurance policy was recovered, which was purportedly given to them by the applicant and they have been granted bail. In this circumstances, the interim protection granted by this Court can be confrmed. Hence, I pass the following order:
:: O R D E R ::
(i) Anticipatory Bail Application No.1342 of 2019, is allowed;
(ii) In the event of arrest of the applicant in connection with C.R.No.450 of 2019, registered with Baramati Police Station, District - Pune, he is directed to be released on bail on his executing PR Bond in the sum of Rs.25,000/-, with one or more sureties in the like amount;
rpa 4/4 47-aba-1342-19.doc (iii) The applicant shall attend the concerned police station as and when called for till fling of the charge - sheet;
(iv) Anticipatory Bail Application stands disposed of. (PRAKASH D. NAIK, J.)