Tukaram Sadashiv Waghmare v. The State Of Maharashtra

2025:BHC-AUG:26007 1 927ABA957.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

927 ANTICIPATORY BAIL APPLICATION NO. 957 OF 2025 Tukaram s/o Sadashiv Waghmare

VERSUS

The State Of Maharashtra ...

Mr. Abhijit S. More - Advocate for Applicant Mr. M. K. Goyanka - APP for State ...

CORAM : NEERAJ P. DHOTE, J.

DATED : 23RD SEPTEMBER, 2025 PER COURT : - 1.

Heard the learned Advocate for the Applicant and the learned APP for the State. Perused the papers. 2.

Since the Applicant is apprehending arrest in connection with Crime No. 0183 of 2025 registered with Nanalpeth Police Station, District Parbhani, for offences punishable under Sections 471, 468, 467, 465, 403 and 409 of the Indian Penal Code, 1860, he has filed the present Application seeking Anticipatory Bail. 3.

The Applicant is working as a Police Sub-Inspector in the Police Department. He was appointed as a Manager of the Police Petrol Pump at Parbhani for the period of May 2023 to December 2023. During that period, discrepancies were noticed in the transactions in the

2 927ABA957.2025.odt accounts of the said Petrol Pump. An audit was directed to be conducted through a Chartered Accountant. It was revealed that the Applicant had misappropriated an amount of Rs. 30 to 35 lakh while working as the Manager of the said Petrol Pump, and therefore, the aforesaid Crime came to be registered on the basis of the report lodged by the Informant.

4.

According to the learned Advocate for the Applicant, since all the relevant papers have already been seized by the Investigating Machinery, and as the Applicant is due to retire from service in the near future, the alleged amount can be recovered from his pensionery benefits. Hence, there is no necessity for custodial interrogation of the Applicant, and therefore, the Application be allowed. 5.

According to the learned APP, during the inquiry and audit, it has been clearly established that misappropriation of public money was committed by the Applicant. Therefore, the Application deserves to be rejected.

6.

Perusal of the papers shows that that the audit of the accounts of said Petrol Pump was conducted by the Chartered Account. The matter was inquired into. The report of the said inquiry shows that there was defalcation of an amount to the tune of Rs. 30 to 35 lakh, and

3 927ABA957.2025.odt false entries were made in the Sale Register. The Applicant, being the Manager of the said Petrol Pump, is shown to be responsible for the defalcation. Considering the nature of offence, thorough investigation is required. In view of the above, this is not a fit case to grant pre-arrest bail to the Applicant, and hence, the following order is passed:

ORDER

[i] The Application is dismissed.

[NEERAJ P. DHOTE] JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 23/09/2025 19:15:26