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Bombay High CourtAPPLN/4245/2016disposed off

Jilani S/O Musa Nizam Dhongade v. The State Of Maharashtra And ANR

2016-08-19Hon'Ble Shri Justice A.M. Badar2 pages

1 Cr.Apln. 4245.2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 CRIMINAL APPLICATION NO. 4245 OF 2016 JILANI S/O MUSA NIZAM DHONGADE

VERSUS

THE STATE OF MAHARASHTRA & ANR.

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Mr. N.L.Jadhav, Advocate for Applicant.

Mr. A.S.Shinde, A.P.P. for Resp. - State.

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CORAM : A.M.BADAR, J.

DATE : 19th AUGUST, 2016 .............................

PER COURT :

1.

The applicant/accused in Crime No. 617/2016 registered at Mukundwadi police station, Aurangabad for the offences punishable U/ss 406 and 420 of the Indian Penal Code, at the instance of informant Ramjan Hafij Shaikh, by this application is praying for pre-arrest bail. 2.

Heard learned counsel for the applicant. By taking me through the legal notice issued by the informant to the present applicant, so also agreement dated 03/06/2015, learned counsel argued that civil transaction is being given colour of the criminal matter by the informant. Learned

2 Cr.Apln. 4245.2016 counsel argued that the applicant is in service and in order to show his bonafides, he will deposit some amount in the Court. 3.

Learned A.P.P. opposed the application by contending that the crime in question is serious and forged order of appointment in favour of the informant Ramjan Shaikh was handed over to him by the present applicant. 4.

Perused papers of investigation including the F.I.R. This is an incidence of cheating an unemployed youth by alluring to provide employment. F.I.R. discloses the mode and manner in which the informant is cheated by the applicant by extracting handsome amount of ` 12.85 Lakh from him for providing employment to him. F.I.R. further reveals that the informant was even called at Mantralaya by the applicant in order to inspire confidence that the applicant will provide employment to him. The agreement filed with the present application, in-fact corroborates the version of the informant. Otherwise, there was no need for the applicant to take back cheque of ` 6 Lakh and to issue fresh cheque of ` 6.10 Lakh to the informant.

5.

The offence lodged against the applicant is antisocial and heinous. No case for pre-arrest bail is made out. 6.

In the result, the application stands rejected. [A.M.BADAR, J.] KNP/Cr.Apln. 4245.2016