Dnyaneshwar Adhikrao Sabale v. The State Of Maharashtra

1 60.1890.18 aba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1890 OF 2018 Dnyaneshwar Adhikrao Sable .....Applicant V/s.

The State of Maharashtra .....Respondent Mr. Niranjan Mundargi i/b Hulyalkar & Associates advocate for the applicant Smt. J. S. Lohakare APP for the State CORAM : NITIN W. SAMBRE, J.

DATE :

JANUARY 14, 2019.

P.C.

Heard the learned counsel for the applicant and the learned APP.

In Crime No. 242 of 2018 registered with Sangvi Police Station, Pune registered on 17/05/2018 for offence punishable under sections 406, 420, 467, 468, 469, 471, 452, 504, 506 r/w 34 of the Indian Penal Code applicant is seeking pre-arrrest bail.

2 60.1890.18 aba.doc The case of the prosecution is complainant Shriram Khardatkar who was owner of the property in question lodged a complaint on 07/02/2018 alleging that the Firm of which applicant was partner received amount for sanctioning plans. Present applicant's Firm provided forged sanctioned letter which was acted upon by the complainant. Not only this, the developer, based on the same sold the flats and shops.

The learned counsel for the applicant Shri. Mundargi would urge that basically the nature of dispute is Civil and apart there from, the entire offence is based on documents. As such, custodial interrogation is not warranted.

Perused the available record. The applicant has forged the building sanction permit and thereafter parted company and floated a new concern namely 'Sai Vastu Associates'. The said Sai Vastu Associates has taken entire responsibility of the project in question which was developed based on a forged sanction permit.

3 60.1890.18 aba.doc Applicant is the direct beneficiary and perhaps the author thereof.

The order of rejection passed by the learned Sessions Court on 28/08/2018 is a well reasoned and speaks voluminous about the prima facie involvement of the applicant in crime in question. That being so, application fails, stands rejected. [NITIN W. SAMBRE, J.]