Sachin Laxman Phadtare v. The State Of Maharashtra

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 88 OF 2024 Sachin Laxman Phadtare ..Applicant

Versus

The State of Maharashtra ..Respondent ______ Mr. Sameer Walimbe for Applicant.

Ms. Pallavi N. Dabholkar, APP for State/Respondent. ______ CORAM : SARANG V. KOTWAL, J.

DATE : 15 JANUARY 2024 P.C. :

1.

The Applicant is seeking anticipatory bail in connection with C.R.No.270 of 2023 registered at Rahimatpure Police Station, Satara, on 02.11.2023, under section 420 r/w. 34 of the Indian Penal Code.

2.

Heard Mr. Sameer Walimbe, learned counsel for the applicant and Ms. Pallavi Dabholkar, learned APP for the State. 3.

The F.I.R. is lodged by one Dilip Bhosale. He has stated that the applicant is his relative and had a jewellery shop. The informant used to regularly visit his shop. In November 2021 when Digitally signed by VINOD BHASKAR GOKHALE Date:

2024.01.16 13:59:33 +0530 VINOD BHASKAR GOKHALE

he was sitting in the applicant's shop, he was discussing with the applicant that the informant's son wanted to join Army. At that time, the informant told him that, he knew one Ganesh Kadam and Rajendra Bhosle. They used to take money and used to give Government jobs. Rajendra had good relations with the officers in the Army.

4.

On 08.12.2021, the informant, the present applicant and the aforementioned two persons met in the applicant's shop. Those two persons demanded Rs.8 lakhs for giving that job. According to the first informant, he paid Rs.4 lakhs through bank transaction. Subsequently, Rajendra called the informant's son to Kolkatta for medical examination. His written examination and medical examination were held there. Then the informant's son was called to Delhi. His documents were verified and then he was sent back. After that the informant's son did not get any call letter. Those persons started avoiding the informant. On this basis the F.I.R. was lodged.

5.

Learned counsel for the applicant submitted that the

applicant has not played any major role in the incident. He had merely introduced the main offenders to the informant when the informant expressed his desire to get a job for his son in the Army. The applicant, therefore, is not instrumental in commission of this offence. He has not received any money from the informant. 6.

Learned APP, on instructions, submitted that the investigation carried out so far, does not reveal that the applicant is a beneficiary in the offence. There is nothing revealed so far that the applicant has received any amount.

7.

I have considered these submissions. The role attributed to the applicant is minor. He had merely introduced the informant to the two accused. Therefore, his custodial interrogation is not necessary, but he will have to co-operate with the investigation.

8.

Hence, the following order :

O R D E R

i) In the event of his arrest in connection with C.R.No.270 of 2023 registered at Rahimatpure

Police Station, Satara, the applicant is directed to be released on bail on his executing P. R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

ii) The Applicant shall cooperate with the investigation.

iii) The Application is disposed of.

(SARANG V. KOTWAL, J.)