Shrichand @ Surya S/O Harichand Solanki v. State Of Mah. Thr. Pso Deoli Tah. Deoli Dist.Wardha

26.aba.93.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.93 OF 2022 Shrichand @ Surya S/o Harichand Solanki

Versus

State of Maharashtra, through P.S.O. Deoli, Tah. Deoli, Dist. Wardha. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri D.R. Bhoyar, Advocate for the applicant. Shri S.D. Sirpurkar, A.P.P. for the non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 28/02/2022 1.

The applicant is seeking pre-arrest bail in Crime No.1004 of 2021, dated 29.11.2021 registered with Police Station Deoli, District Wardha for the offence punishable under Sections 120-B and 420 of the Indian Penal Code against the five accused persons including the applicant.

2.

Shri Bhoyar, learned counsel for the applicant submits that after going through the First Information Report, it is clear that no role is attributed to the applicant in the alleged offence. He therefore, submits that the promise given to the complainant as alleged in the complaint of doubling the amount of Rs.5,00,000/- into Rs.2.50 Crore, is false and there is no role played by the applicant in the alleged offence. It is submitted that C.L.Dhakate

26.aba.93.2022.odt on the basis of statements of co-accused persons, the prosecution is asking for custody of the applicant. Hence, he prays for confirmation of ad-interim anticipatory bail granted to the applicant on 08.02.2022.

3.

On the other hand, Shri Sirpurkar, learned A.P.P. strongly opposes the application and submits that three accused persons have given confessional statements wherein they have narrated the role played by the applicant in the alleged offence. He submits that if this confessional statements are considered, it can be gathered that the applicant has played main role in the alleged offence. He therefore, submits that the present application may be rejected.

4.

After perusal of the case diary and and after perusing the confessional statements of the co-accused persons, giving the details of role played by the applicant in the alleged offence, I am of the opinion that prima facie material is available to show involvement of the applicant in the alleged offence and hence, I am not inclined to allow present application.

Accordingly, the application is rejected.

[ANIL S. KILOR, J.] by CHETAN LOPCHAND DHAKATE Date:

2022.03.01 18:17:24 +0530 CHETAN LOPCHAND DHAKATE C.L.Dhakate