Mr. Sahil Bilal Sheikh v. The State Of Mah. Thr. Pso Dhantoli Nagpur
2024:BHC-NAG:7614
(1) 46.aba.423.2024
IN THE HIGH COURT OF
JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.423 OF 2024 Sahil Bilal Sheikh Vs.
State of Maharashtra, Through Police Station Officer, Dhantoli Nagpur ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Gurusharan Singh, Counsel h/f Mr. S. P. Bhandarkar, Counsel for the applicant.
Mr. M. J. Khan, APP for respondent/State.
CORAM : URMILA JOSHI-PHALKE, J.
DATED : 15/07/2024 1.
By this application, the applicant is seeking pre-arrest bail in connection with Crime No.74/2024 registered with Police Station, Dhantoli, District Nagpur for the offences punishable under Sections 419, 420, 465, 467, 468 and 471 read with Section 34 of the Indian Penal Code.
2.
Learned Counsel for the applicant submitted that the name of the present applicant is neither mentioned in the FIR nor mentioned in the charge-sheet, though charge-sheet is filed. The nature of the allegation is that one Kishor Dange visited the bank to open a new saving account and provided requisite documents. It further revealed that Kishor Dange submitted the Aadhar Card and residential proof and Pan Card as a proof of identity which reveals that these documents were forged
(2) 46.aba.423.2024 documents created in the name of the third person. But the said documents were appears to be forged documents prepared in the name of said Kishor Dange and utilized the same to open the bank account in his name.
3.
As far as the present applicant is concerned, he was only called by the investigating agency for the inquiry purpose. The charge-sheet is filed after carrying out the investigation.
4.
Learned Counsel for the applicant submitted that as the applicant was called for the interrogation purpose, he is apprehending the arrest at the hands of police.
5.
Learned APP submitted that as the applicant was only called for the interrogation purpose, there is no apprehension, in view of that the application deserves to be rejected.
6.
Considering that neither the name of the present applicant is mentioned in the FIR nor charge-sheet is filed against him. If the applicant is called for the interrogation purpose, in that event, the Investigation Officer shall issue notice under Section 41 of the Code of Criminal Procedure. If the involvement of the present applicant revealed in the alleged offence before his arrest by complying the mandate of the Hon'ble Apex Court in the case of
(3) 46.aba.423.2024 Satender Kumar Antil Vs. Central Bureau of Investigation and Anr. reported in 2022 LiveLaw (SC) 577.
7.
The application is disposed of with above said directions.
(URMILA JOSHI-PHALKE, J.) Sarkate