Prabhakar S/O Santosh Chakole v. State Of Mha. Thr. Pso Ps Mouda Nagpur
1 13-ABA589-2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.
OF 20 (PRABHAKAR SANTOSH CHAKOLE....VS.. STATE OF MAH. THR. PSO PS MOUDA, NAGPUR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.K.Bhangde, Advocate for Applicant.
Shri S.D.Sirpurkar, A.P.P. for Non-applicant/State. CORAM : A NIL S. KILOR , J.
DATED : SEPTEMBER 05, .
1.
Heard.
2.
By this application under Section 438 of the Code of Criminal Procedure the applicant is seeking prearrest bail in Crime No.425 of 2022, registered with Police Station, Mouda, District: Nagpur for the offences punishable under Sections 120-B, 420, 465, 467, 471 of the Indian Penal Code.
3.
On a complaint made by the informant that by submitting false and forged documents loan was obtained in the name of the informant by the accused persons, an offence came to be registered.
4.
Shri Bhangde, learned counsel for the applicant submits that no amount is transferred in the account of the applicant and despite the said fact he is ready to deposit Rs.One Lakh to show his bonafides. It is submitted that the applicant has been falsely implicated in the alleged offence.
2 13-ABA589-2022 5.
The learned A.P.P. strongly opposed the application. He submits that the offence is serious and the custodial interrogation of the applicant is necessary. He, therefore, prays for rejection of the present application. 6.
I have perused the case diary and the F.I.R.. 7.
There is nothing to show that any amount was transferred in the name of the applicant. Moreover, it is the informant, who alleged that the applicant is a person who submitted forged and fabricated documents in the nae of the informant while getting the loan sanctioned in the name of the informant. In the said backdrop, in view of the statement of the learned counsel for the applicant that the applicant is ready to deposit Rupees One Lakh to show his bonafides, I am of the opinion that in this case, the purpose would be served if the applicant is directed to attend the Police Station and cooperate the Investigating Officer in the investigation. Accordingly, I pass the following order:
i) The application is allowed.
ii) The order dated 05/08/2022, granting adinterim bail to the applicant, is confirmed.
3 13-ABA589-2022 iii) The applicant shall attend the concerned Police Station on 12/09/2022 to 15/09/2022 between 10:00 a.m. and 12:00 noon and thereafter as and when his presence is necessary.
iv) The applicant shall deposit the amount of Rupees One Lakh, as per his undertaking, within eight weeks from today.
The Criminal Application is disposed of accordingly.
JUDGE RRaut..
Signed By:RAJIV BABARAO RAUT PRIVATE SECRETARY