Pramod S/O Marotrao Walmandre And Another v. The State Of Maharashtra, Thr Police Station In-Charge, Sadar Police Station, Nagpur

1 aba759.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO. 759 OF 2020 ( Pramod s/o Marotrao Walmandre and another ..vs.. State of Maharashtra, through PSO, PS Sadar, Nagpur ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Subodh Dharmadhikari, Senior Counsel assisted by Mr. R.K. Joshi, Counsel for the applicants, Mr. N.R. Rode, Addl.P.P. for the non-applicant/State. CORAM : ROHIT B. DEO, J.

DATED : 13-01-2021 Heard.

2.

The applicants are apprehending arrest in Crime 516/2020 registered with Sadar Police Station, Nagpur for offences punishable under Sections 420, 465, 467, 468 and 471 read with Section 34 of the Indian Penal Code.

3.

The crime is registered on the basis of report dated 02-12-2020 lodged by Mr. Rajesh Gawande, Branch Manager of Union Bank of India.

4.

The gist of the report is that one Krushnakumar Deshmukh, connived with Roshan Hore and the applicants, and ostensibly transferred the property in question in the name of the applicants. The allegation is that on the basis of questionable title, housing loan of Rs.1,20,00,000/- was secured from Union Bank of India.

2 aba759.20 5.

The applicants were granted pre-arrest protection vide order dated 16-12-2020, since the Court was of the prima facie view that the applicants obtained the saledeed in good faith and the possibility that the applicants are the victims, cannot be ruled out.

6.

A fair statement is made by the Investigating Officer, who is present in Court, that custodial interrogation is not necessary and it would suffice if the applicants attend the police station, as and when required by the Investigating Officer.

7.

Considering the nature of the accusations, the material in the case diary and the fair statement made by the Investigating Officer, the interim protection granted vide order dated 16-12-2020 is made absolute with the only modification that till filing of the charge-sheet, the applicants shall attend the concerned police station, as and when required by the Investigating Officer, who shall give a forty-eight hours notice.

JUDGE adgokar