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Bombay High CourtABA/1942/2015others disposed off

Niranjan Tukaram Chawan v. The State Of Maharashtra

2016-01-04Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1942 OF 2015 Mr. Niranjan Tukaram Chavan ...

Applicant Vs.

The State of Maharashtra ...

Respondent Ms. Sana Mujawar, Adv. i/b. V.R. Shinde, Adv. for the applicant. Mr. G.P. Mulekar, APP for the State.

CORAM : SMT ANUJA PRABHUDESSAI, J.

DATE : 4 th January, 2016.

P.C. :

1.

This is an application for anticipatory bail filed by the aforesaid applicant apprehending his arrest in Crime No.I 228 of 2015 registered at Panvel City Police Station for offences punishable under Sections 420, 465, 467, 468 and 471 of IPC. The allegations against the applicant in brief are that he had availed loan of Rs.20 lacs from Shivkripa Credit Co-operative Society by submitting forged documents.

2.

Ms. Sana Mujawar, the learned counsel for the applicant submitted that the applicant has made the part payment of the loan amount and that he is ready to deposit Rs.5 lacs towards the balance payment. The learned counsel for the applicant urges for bail for the

purpose of making the payment.

3.

Mrs. Mulekar, the learned APP for the State submits that the applicant had availed loan of Rs.20 lakhs from Shivkripa CoOperative Credit Society by submitting forged documents. The applicant is also involved in obtaining loan of Rs.22 lacs from Jan Kalyan Credit Co-operative Society and Rs.24 lacs from Kulswamini Credit Co-operative Society by submitting the forged documents. She has further stated that the nature of the allegations levelled against the applicant are of serious nature and need to be investigated. 4.

I have perused the records and considered the submissions advanced by the learned counsel for the applicant and the learned APP for the State. The records prima facie reveal that Yogesh Chikane, the Branch Manager of Shivkripa Sahakari Pathpedi Ltd. has alleged that the applicant has availed loan of Rs.20 lacs by mortgaging a flat. The FIR prima facie reveals that the applicant had submitted forged and fabricated documents. The FIR further reveals that the applicant had not repaid the loan amount. The records prima facie reveal that the investigating officer has also received letters from the two other Co-operative Societies i.e. Kulswamini Co-operative

Society and the Jan Kalyan Credit Co-operative Society, wherein it is reported that the applicant herein has availed loan of Rs.24 lacs and Rs.20 lacs each from the aforesaid Co-operative societies by submitting forged and fabricated documents.

5.

The records prima facie reveal that the applicant has cheated several co-operative societies by adopting the same modus operandi. The offence needs to be investigated thoroughly. The nature of the allegations levelled against the applicant, do not justify grant of anticipatory bail. Hence the application is dismissed. ( ANUJA PRABHUDESSAI, J. )