Dhanraj Mahadev Holambe v. The State Of Maharashtra And Another
2024:BHC-AUG:15100 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.825 OF 2024 Dhanraj S/o Mahadev Holambe, Age-29 years, Occu:Labour, R/o-Helamb, Tq-Parali, District-Beed.
...APPLICANT
VERSUS
1) The State of Maharashtra, Through Police Inspector, Police Station, Anandnagar, Tq. And Dist-Osmanabad,
2) The Superintendent of Police, Dharashiv, Dist-Dharashiv.
...RESPONDENTS ...
Mr. A.R. Gaikwad Advocate h/f. Mr. S.B. Solanke Advocate for Applicant.
Mr. S.D. Ghayal, A.P.P. for Respondents.
...
CORAM: S.G. MEHARE, J.
DATE : 20th JULY 2024 ORDER :
1.
Heard learned counsel for the applicant and learned APP for the State.
2.
The applicant seeks anticipatory bail in Crime No. 0118 of 2024 registered with the Police Station Anandnagar, Taluka and
District-Osmanabad for the offence punishable under Sections 420, 511, 417, 418, 465, 467, 468 and 471 of the Indian Penal code.
3.
The applicant was the service provider. His job was to feed the data for the Government schemes. Big scam was discovered that fake applications were filed in with an intent to play fraud with the Government and to seek benefit of the Government scheme. Applicant was one of the feeder who feed the applications which were fake.
4.
The applicant has a case that he has played no fraud. He was just uploading the applications of the persons who were producing documents to him. He is ready to co-operate with the investigation. He has 95% locomotor disability. He would not flee away form the investigation.
5.
Learned APP opposed the application. He submits that the offence is serious. The applicant is the sole person who knows how the fraud has been committed.
6.
There appears to be substance in the arguments of learned APP for the State that applicant is the person who knows how the fraud has been committed. But the applicant has a
exceptional case of 95% locomotor disability. It would not be appropriate to send him to police custody. He might be dependent on someone else. However, to make the investigation, certain conditions are to be imposed. Hence the following order:-
O R D E R
i) Application stands allowed.
ii) In the event of arrest, the applicant - Dhanraj S/o Mahadev Holambe be released on anticipatory bail on furnishing P.B. and S.B. of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount, in above crime, on the condition that:- (a) The applicant shall attend the concerned police station as and when called by the investigating officer on written notice, till filing the charge-sheet.
[ S.G. MEHARE, J. ] asb/JULY24