Shankar Hanumanta Kurhade v. The State Of Maharashtra
Nalawade FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1453 OF 2018 Shankar H. Kurhade vs.
The State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Raj Badam i/by Rajesh Dubey for the Applicant. Shri. S.S. Hulke, APP for the Respondent-State. CORAM : A.S.GADKARI, J.
DATE : 24th July, 2018 P.C.
1.
The applicant is apprehending arrest in CR No.178 of 2018 dated 3.5.2018 registered with Khar Police Station, Mumbai under Sections 420, 406, 463, 464, 465, 467, 468, 471, 408 read with 34 of the Indian Penal Code.
2.
Heard the learned counsel for the applicant and the learned APP. Perused the documents on record. 3.
The first information is lodged by Dr. Umasevak R.Pal , Manager of HDFC General Insurance Company. The prosecution case in brief is that, the applicant and other accused persons by submitting false and fabricated documents with the said insurance company pertaining to the medical treatment
allegedly availed by them procured insurance in that behalf .The said insurance company after conducting preliminary enquiry in the matter has lodged the present crime.
4.
The learned counsel for the applicant submitted that, the applicant had submitted his documents through his agent namely Dinesh Sharma for taking medical insurance in that behalf and the said documents were misused by the said agent. The applicant is ready and willing co-operate with the police and therefor, he may be granted pre-arrest bail. 5.
The record of investigation discloses that, the applicant has received money from the said insurance company in his bank account. The said amount is the proceeds of crime. The applicant along with other accused persons by submitting false insurance claim with the said insurance company has received the said amount. The investigation of the present crime is at a nascent stage. The police are yet to trace out the other accused persons involved in the crime and thorough investigation is imperative in the present crime.
6.
After taking into consideration the aforestated facts, serious allegations against the applicant and the gravity of the offence, this Court is of the view that, the applicant does not
deserve to be protected by pre-arrest bail.
7.
Application is accordingly rejected.
(A.S.GADKARI, J.)