Prashant S/O Dynaneshwar Rokade v. State Of Punjab Through Pso Division No 7 Jalandhar Punjab
2024:BHC-NAG:11352
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
CRIMINAL APPLICATION (ABA) NO.708 OF 2024 (Prashant s/o Dynaneshwar Rokade Vs. State of Punjab and ors.) -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Mr. P.V. Navlani, Advocate for the applicant. Mr. S.A. Ashirgade, Addl.P.P. for the State.
CORAM:- URMILA JOSHI-PHALKE, J.
DATED :- OCTOBER 9, 2024 By preferring this application, the applicant is seeking Transit anticipatory bail in connection with Crime No.85/2024 registered with Police Station Officer, Division No.7, Police Commissionerate, Jalandhar, State of Punjab for the offence punishable under Sections 406, 420, 506 and 120-B of the Indian Penal Code.
2.
The crime is registered on the basis of a report lodged by one Gurpreet Singh Gurdarshan Singh, alleging that he got acquaintance with the co-accused, who is serving as Additional Commissioner (IRS), CGST, Audit - II, Mumbai and arrested who induced him to invest Rs.20.00 crores on the assurance that if he invested the said amount, he would get Rs.30.00 crores in a month on which the complainant has invested the money, but he has not received any returns on the said investment. On the contrary, he was duped by the co-accused - Shrirang and other co-accused. It is alleged that the co-accused Shrirang had deposited the amount in the account of the
co-accused. It is further alleged that during the investigation, present applicant was called and he cooperated with the investigating agency by attending the office.
3.
Learned Counsel for the applicant submitted that the name of the present applicant is not appearing in the FIR. No specific role is attributed to the present applicant. He apprehending the arrest as he received the summons from the office and accordingly he attended the office and his statement is also recorded in an enquiry. As far as the custodial interrogation is concerned, which immediately is not required. He submitted that other coaccused are already protected by granting transit anticipatory bail by this Court. He submitted that considering all these aspects the applicant be protected by granting transit anticipatory bail.
4.
Learned APP strongly opposed the application on the ground that, considering the huge magnitude of the amount involved in the said crime, the prayer for grant of anticipatory bail deserves to be rejected.
5.
I have heard learned Counsel for both the parties. Perused the recitals of the FIR, from which it reveals that the there is no allegation that either present applicant is benefited by any pecuniary gain or he is involved in the said crime by assigning any role to him. As
far as the involvement of the present applicant is concerned, admittedly is a matter of investigation. As far as the present applicant is concerned who has received the notice under Section 14-A and he has attended the office and his statement is also recorded during the enquiry. But as the applicant is apprehending arrest as he received the summons he approached to this Court. Considering that at present, no role is attributed to the present applicant in the FIR and his immediate custodial interrogation is not required, he can be protected for two weeks till he approaches the concerned Court for grant of anticipatory bail. Accordingly, I proceed to pass the following order: (i) The application is allowed.
(ii) In the event of the arrest, the applicant - Prashant s/o Dynaneshwar Rokade, in connection with Crime No.85/2024 registered with Police Station Officer, Division No.7, Police Commissionerate, Jalandhar, State of Punjab for the offence punishable under Sections 406, 420, 506 and 120-B of the Indian Penal Code, be released on Transit Anticipatory bail for two weeks on executing P.R. bond of Rs. 25,000/- with one solvent surety in the like amount.
(iii) The applicant shall attend the concerned police station when he was called
for the investigation purpose and shall cooperate with the investigating agency.
(iv) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.
6.
The application is disposed of.
(URMILA JOSHI-PHALKE, J.) *Divya