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Bombay High CourtABA/457/2024withdrawn

Siddharth Shridhar Parkare v. The State Of Maharashtra And Another

2024-04-02Hon'Ble Shri Justice N. B. Suryawanshi3 pages

2024:BHC-AUG:7031 {1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 457 OF 2024 Siddharth Shridhar Parkare ....Applicant

VERSUS

The State Of Maharashtra And Another .....Respondents ...

AND ANTICIPATORY BAIL APPLICATION NO. 44 OF 2024 Lata Shridhar Parkare .....Applicant

VERSUS

The State Of Maharashtra And Another .....Respondents .....

Mr. A.V. Bagal, Advocate for applicants.

Mr. R.B. Dhaware, APP for State.

.......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 02 nd APRIL, 2024 ORDER :

1.

Applicants apprehend arrest in C.R. No. 435/2023, registered with Pundlik Nagar Police Station, Aurangabad City, for offences punishable under section 419, 420, 465, 467, 472, 474, 476 r/w 34 of Indian Penal Code and under section 66D of Information Technology Act.

2.

FIR is lodged by Vaibhav Sudhakarrao Saksule, Regional Head Collection, Mannapuram Finance Ltd., stating that applicant Siddharth has obtained loan of Rs. 5 Lakhs in the name of Mohan Kharat, by fabricating documents and by

{2} impersonation. So also, applicant- Lata Parkare, mother of Siddharth has obtained loan of Rs. 5 Lakhs in the name of Alka Sathe by fabricating documents and by impersonation. Though, initially installments of loan were regularly paid for a period of one year, thereafter accused have committed default and therefore finance company employees went to inquire about the same on the addresses given by applicants, but applicants were not found on the given addresses. When they went to school where Lata Parkare was working, it was disclosed that she was not working in the school. When inquiry was made on the residential address of applicants, it was revealed that the said address was of Mohan Kharat and Alka Sathe and their identity documents were forged by applicants.

3.

Heard learned advocate for applicants and learned APP for State. Perused the investigation papers. 4.

After arguing on merits at length, when this Court was not inclined to grant relief to applicant- Siddharth Shridhar Parkare, learned advocate for applicants on instructions seeks permission to withdraw Anticipatory Bail Application No. 457/2024. Permission granted. Anticipatory Bail Application No. 457/2024 filed by applicant- Siddharth Shridhar Parkare is

{3} dismissed as withdrawn.

5.

Prima facie, it appears that at the time of obtaining loan from finance company forgery and impersonation is committed by applicants. According to applicant she is suffering from Schizophrenia. Learned advocate for applicant has placed on record discharge card of applicant wherein she is diagnosed as suffering from Schizophrenia '2nd epi severe Anoemia'. It is submitted that she is under constant treatment for said ailment. 6.

On perusal of record, prima facie, possibility cannot be ruled out that son of applicant namely Siddharth Shridhar Parkare was mastermind behind the crime and he has availed the loan. Considering the ailment and gender of applicant, she is entitled for relief.

7.

In the result, Anticipatory Bail Application No. 44/2024 is allowed by confirming interim protection order dated 19th January, 2024.

8.

Applicant shall attend the concerned police station from 8th April, 2024 to 13th April, 2024, everyday, between 10.00 am to 12.00 noon and shall co-operate in the investigation. Applicant shall not tamper the persecution evidence. [NITIN B. SURYAWANSHI, J.]