Rahul @ Mackal Ramesh Chavan v. The State Of Maharashtra
rpa 1/3 916-aba-357-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.357 OF 2020 Rahul @ Mackal Ramesh Chavan .. Applicant Vs.
State of Maharashtra .. Respondent ......
Mr.Jaydeep D. Mane, Advocate for the Applicant. Mr.Pandurang Gaikwad, APP for the Respondent - State. PC A.B. Patel, Sadar Bazar Police Station, Solapur City, present. ......
CORAM : PRAKASH D. NAIK, J.
DATED :
FEBRUARY 11, 2020.
P.C. :
This is an application for anticipatory bail in connection with C.R.No.1023 of 2018 registered with Sadar Bazar Police Station, Solapur City, for the ofences punishable under Sections 465, 468, 420 and 471 read with 34 of Indian Penal Code ("IPC", for short).
The prosecution case is that on 27th December, 2018, accused Godabai Gaikwad along with unknown woman came in the Bank with withdrawal slip of Rs.19,000/-. Informant asked her to produce her Aadhar card. On comparing the Bank record, it
rpa 2/3 916-aba-357-2020.doc was noticed that there was variation in photo on Aadhar Card and Bank record. The informant got suspicious. He stopped the payment and called his superior. The superior inquired with the woman, who had visited the bank for withdrawal of amount. She disclosed her name as Godabai Bhanudas Gaikwad. She was about to withdraw the amount from the bank account of Khairunabi Bashumiya Ahmedkhan with the help of bogus documents and Aadhar card. FIR was registered. Investigation proceeded.
Applicant had preferred an application for anticipatory bail before the Sessions Court, which has been rejected.
Learned counsel for the applicant submits that the name of the applicant was not disclosed in the FIR. The coaccused was arrested and charge-sheet was fled. Till then, the involvement of the applicant is not disclosed. One of the accused is arrested. In remand report of the arrested accused, the name of the accused was mentioned as one of the suspect in the crime. Applicant has not played any role in commission of crime. Learned APP pointed out the investigation papers. He pointed out the statements of the witnesses. He submitted that
rpa 3/3 916-aba-357-2020.doc the applicant was involved in preparing bogus documents. The complicity of the applicant is apparent from the investigation. I have perused the FIR and the papers of investigation produced by learned APP. Application preferred by the co-accused was rejected by this Court. During the course of investigation, and interrogation of the arrested accused, involvement of the applicant was revealed. The role played by the applicant in the crime is also disclosed. The applicant and the coaccused were involved in preparation of bogus Aadhar Card in the name of Godanai, Laxmibai and others to enable them to withdraw money from the bank account maintained in Bank of Maharashtra and after withdrawal of the amount, the same was distributed amongst themselves.
Laxmibai Khatal used to bring some customers in the bank and other accused were aiding and abetting her. Co-accused Rajesh Kale had preferred application for anticipatory bail before this Court, which has been rejected by this Court on 5th December, 2019. Considering the role played by the applicant, no case for grant of bail is made out. Hence, Anticipatory Bail Application No.357 of 2020, is rejected and stands disposed of.
(PRAKASH D. NAIK, J.)