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Bombay High CourtABA/369/2022rejected

Dnyandeo S/O Kachruji Mandawe v. State Of Mah .Thr. Pso Ps Civil Lines Akola Tq. And Dist.Akola

2022-06-22Hon'Ble Shri Justice Anil S. Kilor2 pages

922-aba369-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.369 OF 2022 Dnyandeo Kachruji Mandawe Versus State of Maha. thr. PSO PS Civil Lines, Akola Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri S.I. Ghatte, Advocate for the applicant. Shri T.A. Mirza, A.P.P. for the Non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 22/06/2022 1.

The applicant is seeking pre-arrest bail in Crime No. 245/2022, dated 09/05/2022, registered with Police Station, Civil Lines, Akola for the offences punishable under Sections 420, 467, 468, 471 and 120-B read with Section 34 of the Indian Penal Code.

2.

Learned counsel for the applicant submits that as there is a delay in lodging the FIR, it creates doubt about the veracity of the allegations.

3.

He further points out that in the year 2018 the complainant filed a complaint under the provisions of the Negotiable Instruments Act, 1881, whereas, the report was lodged in the year 2022. He, therefore, submits that custody of the applicant is not necessary. Accordingly, he prays for grant of pre-arrest bail.

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922-aba369-2022.odt 4.

Shri T.A. Mirza, learned APP strongly opposes the present application.

5.

I have perused the Case Diary.

6.

In this case, the allegations are that the applicant has created a forged appointment/offer letter and pretended it to be a genuine. The complainant paid Rs. 7,00,000/- to the applicant on a promise by him that he will provide him employment in MSEDCL. There are allegations that the applicant forged the documents. Thus, I am of the opinion that in this case custodial interrogation is necessary. Accordingly, I pass the following order:

O RDER Criminal Application is rejected.

JUDGE Signed By:RAJESH K NANDURKAR rkn