Sharad Dadasaheb Ghadge v. The State Of Maharashtra

1 / 4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2202 OF 2019 Sharad Dadasaheb Ghadge .... Applicant versus The State of Maharashtra .... Respondent .......

• Mr.Kuldeep Patil i/b. Prashant S. Hagare, Advocate for Applicant.

• Mr.Prashant Jadhav, APP for the State/Respondent. • PSI Mr.Somnath Sahebrao Waghmode, Yavat Police Station, Pune, present.

CORAM : SARANG V. KOTWAL, J.

DATE : 09th OCTOBER, 2019 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No.815/19 registered with Yavat Police Station, Pune, under sections 420, 467 r/w 34 of the Indian Penal Code. 2.

The FIR is lodged by one Atmaram Laxman Botre, who has stated that his relative Vishal Dnyandev Pawar telephonically informed him that he was knowing the Applicant. The Applicant was in a position to secure jobs in Irrigation Nesarikar

2 / 4 Department with the Government Maharashtra. The Applicant was to come to Kedgaon and the informant should meet him. The informant and his near relatives met the Applicant. The Applicant represented to them that he was knowing high officers and Ministers and that he had obtained jobs for at least 40-50 boys. The Applicant himself through Vishal Pawar obtained various amounts from the informant and his relatives. In all about Rs.6,15,000/- were obtained by the Applicant. The FIR further mentions that the Applicant handed over to him an order dated 12/11/2017 showing that the informant'

s son was selected for the job. The informant showed this order to other employees of the Irrigation Department. They immediately told that the order was fake. The informant realized that he was cheated. He approached the Applicant. The Applicant returned most of amount except Rs.48,000/-. That amount was not returned and therefore this FIR was lodged.

3.

Heard learned Counsel Mr.Kuldeep Patil for the Applicant and learned APP Mr.Prashant Jadhav for the State.

3 / 4 4.

Mr.Kuldeep Patil submitted that it essentially was a money lending transaction and the informant has given a colour of criminal offence. He submitted that even the appointment letters etc. were neither created nor handed over to the informant by the Applicant. The Applicant is falsely implicated in this case.

5.

The learned APP relied on the investigation carried out, which includes the forged letter purportedly signed by the authorities mentioning selection of the informant' s son for the post of Clerk in the Irrigation Department of the Government of Maharashtra.

6.

I have considered these submissions. At this stage, it is not possible to accept the defence of the Applicant that it was money lending transaction and the Applicant was falsely implicated. The submissions, that most of the amount was returned also does not impress me because the Applicant had

4 / 4 allegedly used forged documents i.e. letterhead of Government of Maharashtra purportedly signed by the authorities. In this view of the matter, custodial interrogation of the Applicant is necessary. There were allegations in the FIR that the Applicant had represented that he had secured job for 40-50 boys. This aspect will have to be investigated. Considering all these circumstances, custodial interrogation of the Applicant is necessary. No case is made out for anticipatory bail. The application is rejected.

(SARANG V. KOTWAL, J.)