Ashpak Kasim Inamdar v. The State Of Maharashtra

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by URMILA PRAMOD INGALE Date:

2021.09.29 18:43:38 +0530 CRIMINAL APPELLATE JURISDICTION URMILA PRAMOD INGALE ANTICIPATORY BAIL APPLICATION NO. 2679 OF 2019 Ashpak Kasim Inamdar ..Applicant vs.

The State of Maharashtra ..Respondent Mr.Mohammad S. Mulla, for Applicant.

Mr.N.B. Patil, APP for State - Respondent.

Mr.Ghadage, API EOW, Solapur city, Police Station present. CORAM : M. S. KARNIK, J.

DATE: SEPTEMBER 29, 2021 P.C. :

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Heard learned Counsel for the applicant. This is an application for pre-arrest bail in respect of C.R. No. 54 of 2015 registered with Sadar Bazar Police Station for the offence punishable under sections 409, 420 and 34 of Indian Penal Code. 2.

The prosecution case in brief is that the applicant obtained a loan from Indian Bank upon security of gold ornaments. Mr.Vijaykumar Madhukar Kulkarni is the valuer of the Bank who certified the gold as genuine. Later on, it is revealed that the gold is not genuine. Hence, the offence.

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3.

My attention is invited to the order at page 44 of the paper-book. The co-accused - Prashant Digamber Devkate who had also obtained a loan in a similar fashion has been granted pre-arrest bail by Additional Sessions Judge, Solapur. The said order dated 25/07/2017 passed by Additional Sessions Judge, Solapur has not been challenged. The applicant is entitled to be released on bail as co-accused similarly circumstanced has been granted pre-arrest bail by the Sessions Court.

4.

Mr.Vijaykumar Madhukar Kulkarni is a prime accused who had issued a fake valuation certificate in respect of genuineness of the gold ornaments pledged with bank has been released on regular bail. The applicant is one amongst the 18 borrowers alleged to have pledged fake ornaments with the bank. There is an interim protection in favour of the applicant granted by this Court since 09/12/2019.

5.

The Investigating Officer is present in the Court and submits that the sample signatures of the applicant are required for the purpose of investigation. Learned Counsel for the applicant 2/3

undertakes that the applicant will co-operate with the investigation. Hence, the following order.

O R D E R

(i) The application is allowed.

(ii) The interim protection grated by this Court vide order dated 09/12/2019 stands confirmed.

(iii) In the event of arrest of applicant in C.R. No. 54 of 2015 registered with Sadar Bazar Police Station, the applicant be released on bail on executing P. R.Bond in the sum of Rs.25,000/- with one or more sureties in the like amount. (iv) The applicant shall report to Investigating Officer on 04/10/2021, 05/10/2021, 06/10/2021 & 07/10/2021 between

10. a.m. and 12.00 noon. and thereafter as and when called. (v) The applicant shall furnish the particulars of his latest place of residence and mobile contact number and/or change of residence or mobile details, if any, to the Investigating Officer of the Police Station concerned.

6.

The application is disposed of.

(M.S. KARNIK, J.) 3/3