Ashok Mahaling Harijan S/O Mahaling Harijan v. The State Of Maharashtra

Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION No. 2104 OF 2016 Ashok Mahaling Harijan s/o. Mahaling Harijan ... Applicant Vs.

The State of Maharashtra ... Respondent Mr. Sanjiv Punalekar i/b. PRS Legal, Advocate for the Applicant Mr. S.H. Yadav, APP, for Respondent - State.

Mr. Harun H. Shaikh, P.I., Sangola Police Station present. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 6th February, 2017.

P.C.:

This Application is moved by the applicant/accused under section 438 of Cr. P.C. The applicant-accused is prosecuted for the offences punishable under sections 420, 467, 468, 469, 471 r/w. 34 of the Indian Penal Code in C.R. No. 621 of 2016 registered with Sangola Police Station, District Solapur. The offence is registered at the instance of one Rajendra Pandurang Padwale on 1st October, 2016. 2.

It is the case of the complainant that he has studied upto 12th Std. at Patkal Taluka, Mangalvedha. He wanted to join Armed Forces. He came across one advertisement of Shivaji Career Academy, Sangola, District Solapur. The name of Pandurang Shivaji Kokare, principal accused was appearing as Director on the advertisement. It was claimed that prerecruitment training would be given in the said academy. Therefore, the 1 / 3

complainant along with his friends joined that Academy. They were asked to pay Rs.18,000/- for three months and were also informed that after their recruitment, they will have to pay Rs.4 lakhs. Then the complainant and other 39 persons were taken to Goa and after physical examination, out of 40 candidates, 28 were selected. Then written examination was conducted on 30th October, 2015 at Kolhapur through Academy and all 28 candidates were informed that they were selected, so principal accused Kokare demanded Rs.4 lakhs. Thus, the complainant paid Rs.4 lakhs. Thereafter he was sent to Hyderabad along with his friend for training centre which started on 20th March, 2016.

The training continued for 1 1⁄2 months and thereafter on 28th April, 2016 when he was asked for verification, he realized that all his certificates, ration card, affidavit are forged and even his birth certificate was forged and thereafter he left that training centre and realized that Pandurang Kokare alongwith other persons have prepared bogus documents keeping the complainant and other persons in dark and recruited them on the basis of those forged documents in the military service and accepted Rs.4 lakhs. Thus, the complainant and other persons were deceived. It is the case of the prosecution that the applicant/accused Ashok, who is working outside Tahsil office as a Clerk, had prepared all bogus documents by using fake seal of Municipal Corporation and police station. Hence, this Application for Anticipatory Bail.

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3.

The learned counsel for the applicant/accused has submitted that the applicant/accused is innocent and he has not committed any offence. The learned counsel further submitted that police have seized the fake documents and fake seals and stamps, hence the custody of applicant/accused is not required. He further submitted that principal accused Kokare is released on bail, so this applicant be granted Anticipatory Bail.

4.

Learned APP relied on the statements of witnesses and the documents which were collected by the police during investigation. Learned APP submitted that custody of the applicant/accused is required, as he himself has prepared forged documents.

5.

Perused the statements of witnesses and also the forged certificates of the Corporation and police station in favour of the candidates. Also perused the letters written by the police and Corporation informing the Investigating officer that the seals which are used in issuing the certificates are bogus and no such certificates were issued by either of the authorities in favour of the candidates. It is a case of forgery, fraud and cheating. Hence, the custody of applicant/accused is required. Anticipatory Bail Application is rejected.

(MRIDULA BHATKAR, J.) 3 / 3