Suprimkumar S/O Premchand Thakur v. The State Of Mah. Thr. Pso Ps Ram Nagar Tah. And Dist.Chandrapur

14-aba-484.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 484/2022 Suprimkumar s/o Premchand Thakur Versus State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms Ragini K. Swami, Adv. h/f Shri R.M. Tahaliyani, Adv. for the applicant.

Shri S.D.Sirpurkar, APP for the Non-applicant/State. CORAM : ANIL S. KILOR, J.

DATED : 19/07/2022 1.

The applicant has approached this Court by filing the present application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in connection with Crime No.267/2020, registered with Police Station, Ram Nagar, Tq. & Dist. Chandrapur, for the offences punishable under Sections 406, 420, 409, 417, 465, 466, 467, 468, 471, 120-B and Section 34 of the Indian Penal Code, 1860.

2.

Learned counsel for the applicant submits that the applicant is merely a Security Guard and he acted upon the dictates of his Master - Shri Ganesh Naitam. However, though he is not involved in the alleged offence, he has been falsely implicated.

3.

Learned counsel for the applicant further submits that the applicant is ready to cooperate with the rkn

14-aba-484.22.odt Investigating Officer if he is permitted to attend the Police Station. Accordingly, she prays for grant of pre-arrest bail. 4.

On the other hand, learned APP strongly opposed the present application and he submits that the offence is serious and during the investigation it is revealed that in the bank account of the applicant's wife more than Rs. 1 Crore had been deposited by various builders, during a short period from 29.10.2018 to 11.03.2020. 5.

It is submitted that, the custodial interrogation of the applicant is necessary to find out the real culprits in the present offence. Accordingly, he prays for rejection of the present application.

6.

I have perused the Case-Diary, Application and the Reply filed by the State.

7.

On perusal of the case diary, it appears that in the bank account of wife of the applicant in the HDFC Bank, more than Rs. 1 Crore had been deposited by various builders during the short period of 29/10/2018 to 11/03/2020. Therefore, whether the applicant is merely a Security Guard and whether he acted upon dictates of his Master, is a matter of investigation and therefore, the custodial interrogation of the applicant is necessary. Accordingly, I pass the following order:

The criminal application is rejected.

[ANIL S. KILOR, J.] Signed By:RAJESH K NANDURKAR Personal Assistant to the Hon'ble Judge rkn