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Bombay High CourtABA/73/2021disposed off

Shivshankar S/O Bhaskar Thosar v. State Of Mah. Thr. Ps Nandura Dist.Buldhana

2021-03-01Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 aba 73.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Criminal Application (ABA) No. 73 of 2021 (Shivshankar S/o Bhaskar Thosar ..vs.. State of Maharashtra through P.S. Nandura, Dist. Buldana) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Salim I. Khan, Advocate for the applicant Mr. S. S. Doifode, APP for the State/non-applicant CORAM : ROHIT B. DEO, J.

DATED : 01-03-2021 Heard.

2.

The applicant is apprehending arrest in Crime 619/2020 registered with Police Station, Nandura for the offences punishable under Sections 420, 469 read with Section 34 of the Indian Penal Code and Sections 3, 4 and 5 of the Prize Chits and Money Circulation Schemes (Banning) Act.

3.

I have perused the case diary.

4.

As many as six persons are implicated in the crime and the primary allegations appear to be against accused Vijay Gavhad who claims to be the President of Yuva Shakti Jagran Manch, which according to the prosecution is not registered body. Vijay Gavhad promoted scheme which promised laptops, motorcycle, scooty, flour mill grinder/mixer and three buffaloes on payment of certain amounts. According to the

2 aba 73.2021 prosecution, at least 23 persons fell pray and paid various amounts totalling Rs. 7,64,000/-.

5.

There is material on record against Vijay Gavhad and some co-accused in the sense that some co-accused allegedly received the amount and issued receipts. There does not appear to be any material which links the applicant with the scheme other than the fact that he was one of the employees of Yuva Shakti Jagran Manch. No witness has named the applicant. The applicant has no adverse antecedent and he has attended the police station as directed. The interim protection granted vide order dated 15-2-2021 is made absolute with the only modification that the applicant shall attend the concerned police station till the filing of the charge-sheet as and when required by the Investigating Officer. 6.

It is made clear that pre-arrest protection is extended to the applicant since there is no specific role attributed. The entitlement to pre-arrest bail of the other accused would obviously be considered on its own merits.

7.

The application is disposed of.

JUDGE wasnik