Ashok Gangadhar Wathore And Others v. The State Of Maharashtra And Another

2024:BHC-AUG:2967 {1} aba2092-23.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.2092 OF 2023 Ashok Gangadhar Wathore and Others APPLICANTS

VERSUS

The State of Maharashtra and Another RESPONDENTS .......

Mr. D. K. Dagadkher h/f Mr. G. I. Bagal, Advocate for applicants Mr. N. B. Patil, APP for respondent - State .......

WITH ANTICIPATORY BAIL APPLICATION NO.70 OF 2024 Dayanand Babarao Taru APPLICANT

VERSUS

The State of Maharashtra and Another RESPONDENTS .......

Mr. Ajaykumar P. Jadhav, , Advocate for applicants Mr. N. B. Patil, APP for respondent - State .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 5 th FEBRUARY, 2024 ORDER :

1.

Applicants apprehend arrest in Crime No.420 of 2023 registered with Ardhapur Police Station, District - Nanded for offence punishable under section 120-B, 381, 406 read with 34 of the Indian Penal Code.

2.

FIR is lodged by Gangaprasad Kakade alleging that applicants, who are his drivers, have entered into criminal

{2} aba2092-23.doc conspiracy with his Munim Shubham Vitthal Jogdand and staff members of Wadkude Petrol Pump and cheated informant of Rs. 7 lakh, by filling less diesel in informant's vehicles but producing higher bills, during the period between 4th September, 2023 to 5th November, 2023.

3.

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

Investigation papers show prima facie involvement of applicants in the conspiracy and commission of offence. Accused. Shubham Jogdand was arrested and he has disclosed names of applicants as co-conspirators. It is further revealed that misappropriated amount of Rs.7 lakh was equally distributed between all the accused persons. Considering the gravity of offence, complicity of applicants, severity of punishment on conviction and the fact that custody of applicants is necessary for effective investigation, applicants do not deserve discretionary relief of anticipatory bail.

5.

Applications are, therefore, rejected. Interim protection stands vacated.

[NITIN B. SURYAWANSHI] JUDGE drp/aba2092-23.doc