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Bombay High CourtABA/250/2022allowed

Ramanbhabu Venkata Degarmudi v. The State Of Maharashtra, Thr. Pso, Ramnagar Police Station, (Investigating By E.O.W), Chandrapur

2022-04-25Hon'Ble Shri Justice Anil S. Kilor3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Anticipatory Bail Application No. 250 of 2022 Ramanbabu Venkata Degarmudi

Versus

State of Maharashtra, through Police Station Officer, Police Station Ramnagar (Investigating by E.O.W), Chandrapur, Dist. Chandrapur Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.A.Dhawas, Advocate for the applicant.

Smt. S.S.Jachak, APP for the non-applicant.

CORAM : ANIL S. KILOR, J.

DATED : 25th APRIL, 2022.

Applicant is praying for pre-arrest bail in Crime No. 267 of 2020 dated 9th March, 2020 registered with Police Station Ram Nagar, District Chandrapur for the offences punishable under Sections 406 and 420 of Indian Penal Code. The offence was registered as many as thirteen accused persons including applicant.

2.

Shri Dhawas, learned counsel for the applicant submits that the applicant is a retired employee of the bank and looking to his excellent work,

he had performed while in service, he was appointed as a Consultant as per the policy of the bank. He submits that as a Consultant he has to help the persons interested to get the loan from the bank, to make application and to complete other basic formalities. However, verification of document and its genuineness that part has to be performed by the bank officers and the Panel Advocates of the bank. It is submitted that looking to the allegations made in the First Information Report, the allegations are in relation to submission of the forged Income Tax returns alongwith proposal with which the applicant has no concerned or connection, accordingly, he prays for grant of bail.

3.

On the other hand, Smt. Jachak, learned Additional Public Prosecutor opposes the present application and submits that there is sufficient material available on record to show the involvement of the applicant. Accordingly, she prays for rejection of this application.

4.

I have perused the case diary and also contents of the First Information Report. From the case diary, it is clear that the applicant was appointed as a Consultant on commission basis and he is retired bank employee. Prima facie, there is nothing to show that it

was the duty of the applicant to verify genuineness of the document alongwith the proposal and in absence of any such responsibility casted upon the applicant, I am of the opinion that prima facie there is nothing to show the involvement of the applicant in the alleged offence. Accordingly, I pass the following order.

ORDER

i.

Criminal application is allowed.

ii.

Order dated 13th April, 2022 granting adinterim anticipatory bail to the applicant is confirmed. [ANIL S. KILOR, J.] by SACHINDANAND K NAIR Date: 2022.04.25 19:18:40 +0530 SACHINDANAND K NAIR