Ajay S/O Baburao Gaikwad v. The State Of Maharashtra

1 Cri. Appln. 4144-2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4144 OF 2016 Ajay S/o Baburao Gaikwad Age : 34 years, Occu.: Agri., R/o Jirewadi, Tq. & Dist. Beed .. Applicant Vs.

The State of Maharashtra .. Respondent .....

Mr. Satej S. Jadhav, Advocate for the applicant Mr. S.Y. Mahajan, APP for the respondent-State ......

CORAM : N.W. SAMBRE, J.

DATE : 10/08/2016 ORAL ORDER :

Heard.

2.

The applicant is seeking pre-arrest bail in Crime no.172 of 2016 registered at Beed City Police Station, Dist. Beed for the offences punishable under section 420, 465, 468, 471, 472 of the Indian Penal Code.

3.

It is the case of prosecution that the applicant has committed crime in question by

2 Cri. Appln. 4144-2016 demonstrating that he was owner of plot and mortgaged the same for a loan of Rs.6 Lakhs, though part of the plot was not owned by him and in any case, the sanction for construction was not granted by the competent authority.

4.

Upon perusal of the contents of the FIR and the other investigation papers, it could be inferred that the value of the property, which is already mortgaged with the bank, is more than double of the loan amount. As such, the loan sanctioned by the bank is already secured to its fullest extent. 5.

Apart from above, the entire offence is based on the documentary evidence. As such, the custodial interrogation of the applicant is not required. In view thereof, in my opinion, the applicant is entitled for pre-arrest bail. In addition to the above reasons for the reasons stated in order dated 27th July, 2016, the interim protection granted to the applicant is confirmed on

3 Cri. Appln. 4144-2016 the same terms, except his attendance at the Police Station, which will be as and when called.

6.

Criminal Application stands disposed of accordingly.

[N.W. SAMBRE] JUDGE arp/-