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Bombay High CourtBA/3881/2021dismissed

Rajesh Arun Salunkhe v. The State Of Maharashtra

2022-07-11Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 19 BA 3881.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 3881 OF 2021 Rajesh Arun Salunkhe ..

Applicant

Versus

The State of Maharashtra ..

Respondent Mr.Datta Mane a/w Smt. Sheetal Gaikwad, for the applicant. Mr. Tahera Qureshi for complainant Smt. Veera Shinde, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 11th JULY, 2022 P.C:- By the present application the applicant who has been charged for the offence punishable under sections 420,465, 468, 471, 120-B of IPC seek his release on bail the applicant is arrested on 24/05/2021 and on completion of investigation charge-sheet has been filed before the Ld. JMFC, Court at Vashi. Heard learned counsel for the applicant and perused the charge-sheet which is placed on record. The charge-sheet accuse 5 accused persons of engaging in a conspiracy to default the complainant who parted, with the sum of Rs. 40,00,000/- for securing admission for his daughter in MGM Institute of Health Sciences, Panvel. As a part of the understanding, two demand draft worth Rs. 20,00,000/- each was handed over to the accused persons. It is to be noted that one Dr Ashish Mhaske

2/2 19 BA 3881.21.doc Mehta alias Kaushik is also part of the conspiracy. As far as the material against the present applicant is concerned, it can be seen from the charge-sheet that an account was opened in the name of the applicant and he is shown as proprieter of MGM Institute of Health Science and the two Demand Drafts came to be deposited in his account on 5/12/2020.The charge-sheet reflect that the account was specifically opened for the purpose of depositing of the amount and since the demand draft were issued in the name of MGM Institute of Health Science, by projecting that he is the proprieter of the said institute in order to encash the demand draft, the account was opened.

Role of applicant has clearly surfaced from the material compiled in the charge-sheet. Here is the case where the applicant along with co-accused has conspired to secure admission in medicine for a student by accepting sum of Rs. 40,00,000/- and this resulted in invoking of sections 420, 465, 468, 471, 120-B of IPC.

In the wake of the prima facie involvement of the applicant in the charge-sheet, I am not inclined to entertain the present application.

The application is dismissed.

( SMT. BHARATI DANGRE, J.) Ashish Mhaske