Praful Ashok Gaddamwar v. The State Of Maharashtra Thr. Pso Ps Aaldandi, Tah. Etapalli, Dist. Gadchiroli

2025:BHC-NAG:12388 1 11.aba.671.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 671/2025 Praful Ashok Gaddamwar Vs. The State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. R. Fule, Advocate for the Applicant.

Mr. V. A. Thakare A.P.P. for the Non-applicant/State. CORAM : MRS.VRUSHALI V. JOSHI,J.

DATED : 19/11/2025.

.

Heard.

2.

The applicant has apprehension of arrest in Crime No.04/2024 registered with Police Station Aaladandi, District Gadchiroli for the offences punishable under Sections 406, 409, 420 read with Section 34 of the Indian Penal Code.

3.

The allegations made against this applicant are that there was misappropriation by the Society, who has taken paddy rice from the farmers and sent it to the Society. The applicant's name was not in the First Information Report.

4.

The learned Counsel for the applicant has stated that the allegations are made on the basis of the statement made by some of the farmers and that he has used 7/12 extract of said farmers and given the paddy crops to the Society. The other co-accused are already released on regular bail. As the applicant's name is mentioned by the farmers, the charge-sheet is filed against this applicant. The learned Counsel for the applicant has further stated that as per the requirement of Section 41A of the Code of Criminal Procedure the notice is not issued.

2 11.aba.671.25 Hence, prayed to protect the applicant by granting anticipatory bail.

5.

The learned A.P.P. opposed the application stating that the paddy crop is supplied by this applicant. He has used the 7/12 extract of the farmers as per their statements. The custodial interrogation of this applicant is necessary to verify as to whether the applicant has used the 7/12 extracts and how many farmers are cheated. Hence, prayed to reject the application.

6.

Heard the learned Counsel for the applicant and the learned A.P.P. for the State.

7.

Without issuing notice, the charge-sheet is filed against this applicant, as such the mandatory provisions of Section 41A of the Code of Criminal Procedure is not followed. The allegation is made that he has used the 7/12 extract of the farmers on the basis of their statements, the crime is registered. It can be verified without taking him in custody.

8.

Considering the allegations made against the applicant, the case is made out to protect the applicant by granting ad-interim anticipatory bail. Accordingly, I pass following order:

i] It is directed that in the event of arrest of the applicant in connection with Crime No.04/2024 registered with Police Station Aaladandi, District Gadchiroli for the offences punishable under Sections 406, 409, 420 read with Section 34 of the Indian Penal Code, he shall be released on bail on furnishing P.R. Bond in the sum of Rupees Twenty Five

3 11.aba.671.25 Thousand with one solvent surety in the like amount.

ii] The applicant shall not in any way tamper with the prosecution evidence.

iii] The applicant shall not pressurize or threaten the prosecution witnesses.

iv] The applicant shall attend the concerned police station on every Monday, Wednesday and Saturday between 1:00 p.m. to 2:00 p.m.

till committal of the trial.

v] The applicant shall co-operate the investigation officer.

The application stands disposed of.

(MRS. VRUSHALI V. JOSHI, J.) RGurnule