Suraj S/O Laxman Pande v. The State Of Maharashtra Thr. Pso Dahihanda Tq. Akot, Dist. Akola
2024:BHC-NAG:12807
(1) 28.aba.787.2024.b.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO.787 OF 2024 Suraj s/o Laxman Pande Vs.
State of Maharashtra, Through Police Station Officer, Dahihanda, District Akola -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. V. B. Bhise, Counsel for the applicant.
Mr. Nitin Autkar, APP for non-applicant /State. CORAM : URMILA JOSHI-PHALKE, J.
DATED : 25/11/2024 1.
Apprehending the arrest at the hands of police in connection with Crime No.354/2024 registered with Police Station, Dahihanda, District Akola for the offences punishable under Sections 420, 468 and 471 read with Section 34 of the Indian Penal Code, the applicant approached this Court for grant of pre-arrest bail.
2.
The crime is registered on the basis of the report lodged by Shri Maroti Sansthan Taroda through his trustee on an allegation that the State Government has introduced the scheme for granting compensation towards the natural calamity to the aggrieved agriculturists. In pursuance of the same on 04.06.2024, the co-accused namely Shrikrushna Manohar Sable had came to the Grampanchayat
(2) 28.aba.787.2024.b. Center at Kawsa and submitted the documents of the co-accused Komal Shrikrushna Sable including her other documents. After receiving the said documents, the applicant like other agriculturists the name of the co-accused entered in excel sheet and according to the rules forwarded the list to the Tahsil Office, Akot and the entry regarding the compensation was entered by the present applicant. On the basis of the said report, police have registered the crime against the present applicant.
3.
Heard learned Counsel for the applicant who submitted that as far as the present applicant is concerned, who is working as a Data Entry Operator in the Grampachayat Office is only to the extent of taking an entry, as far as the other role is concerned, which is not attributed to the present applicant. His custodial interrogation is not required. There is no allegation of any monetary benefits received by him. In view of that, he be protected by granting anticipatory bail.
4.
Learned APP strongly opposed the said application and submitted that considering that the attempt was made to grab the amount under the scheme which was introduced by the Government, the custodial interrogation of the present applicant is required and prayed for rejection of the application.
(3) 28.aba.787.2024.b. 5.
After hearing both the sides and on perusal of the investigation papers, it reveals only the role attributed to the present applicant that he has taken the entry in the data sheet. There is nothing on record to show that he has received any benefits out of the said transaction. In view of that the applicant has made out a case for grant of anticipatory bail. Accordingly, I proceed to pass following order:
ORDER
(i) In the event of arrest, in connection with Crime No.354/2024 registered with Police Station, Dahihanda, District Akola for the offences punishable under Sections 420, 468 and 471 read with Section 34 of the Indian Penal Code, the applicant Suraj s/o Laxman Pande shall be released on anticipatory bail on executing PR Bond in the sum of Rs. 25,000/- with one solvent surety in the like amount.
(ii) The applicant shall attend the concerned Police Station as and when required for the investigation purpose and shall co-operate with the investigating agency.
(iii) 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.) Sarkate