Omprakash S/O. Murlidhar Surpam v. State Of Maharshtra Thr. Police Station Officer Police Station Gadchiroli

1 aba507.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.507/2017 Omprakash S/o Murlidhar Surpam ..Vs..

State of Maharashtra, through Police Station Officer, Police Station, Gadchiroli - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.S. Akbani, Adv. for the applicant.

Shri S.P. Deshpande, A.P.P. for the non-applicant / State. CORAM : Z.A.HAQ, J.

DATE : 26.7.2017.

Heard.

The applicant had filed Criminal Application (ABA) No.365/2017 seeking pre-arrest bail. This application is dismissed on 28th June, 2017. Now this second application is filed raising the plea that after dismissal of the first application certain events have taken place and because of these subsequent events the prayer of the applicant requires consideration. The learned Advocate for the applicant has submitted that after 28th June, 2017 i.e. after dismissal of the first application filed by the applicant co-accused Sachin Karemore (alleged mill owner) is arrested and the copy of agreement alleged to be bogus and forged is seized and it shows that the agreement was executed between Pruthviraj Waghmare, Regional Manager of Adivasi Vikas Mahamandal and Sachin Karemore and the applicant was not aware about that agreement. It is

2 aba507.17 submitted that the agreement in question was executed without knowledge of the applicant and the bank guarantee in question which is alleged to be bogus was directly submitted by Sachin Karemore to the Regional Manager.

The learned A.P.P. has pointed out the statement of Pruthviraj Rambhau Waghmare, Regional Manager, which shows that the bank guarantee in question was submitted by Sachin Khushalrao Karemore through the applicant. It is further submitted that the investigation is still in progress and custodial interrogation of the applicant is required to unearth certain information.

In the facts of the case, I am not inclined to consider the prayer made in this application. The application is dismissed.

This Court has passed an order on 18th July, 2017 granting interim protection to the applicant. The applicant shall surrender within 3 days, failing which note of his conduct be taken at various stages of the proceedings.

JUDGE Tambaskar.