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Bombay High CourtBA/2631/2022rejected

Pavan Purushottam Patil v. State Of Maharashtra

2023-01-20Hon'Ble Shri Justice N. R. Borkar2 pages

922-BA-2631-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 2631 OF 2022 Pavan Purushottam Patil ...

Applicant

Versus

State of Maharashtra ...

Respondent .........

Mr. Nilesh Bhutekar for the Applicant.

Ms. Rutuja Ambekar, APP for the State.

.........

CORAM : N.R. BORKAR, J.

DATED : 20 JANUARY 2023 P.C. :- .

This is an application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of bail.

2.

The applicant came to be arrested in Crime No. 637 of 2020 registered at Satana Police Station, Nashik for the offence punishable under Sections 420, 465, 467, 468, 471 r/w. 34 of Indian Penal Code. 3.

According to the prosecution, the present applicant had assured the complainant that he would get his sons appointed in the Public Works Department of Government of Maharashtra as Junior Engineers and extracted Rs.41,95,500/- from him. It is alleged that the present applicant had even handed over the fake appointment order to the Kanchan P Dhuri 1 / 2

922-BA-2631-2022.odt complainant.

4.

I have heard the learned Counsel for the applicant and the learned APP for the State.

5.

The learned Counsel for the applicant submits that the applicant is in jail since more than 11⁄2 years. It is further submitted that the co-accused who according to the prosecution has accepted the amount has been released on bail.

6.

The present applicant is the main accused. The role attributed to the present applicant is much more serious than the role attributed to the co-accused to whom the bail has been granted. The applicant has not only duped the complainant but also prepared the fake order of appointment. Considering the nature of offence, I am not inclined to release the applicant on bail. Hence, the following order is passed :

(i) Application is rejected.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date:

2023.02.21 17:52:19 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2