Satish Subhash Irkal v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.427 OF 2020 Satish Subhash Irkal .... Applicant versus State of Maharashtra .... Respondent .......

• Mr.Akshay J. Kashid i/b. A.B. Tajane, Advocate for Applicant. • Mr.Ajay Patil, APP for the State/Respondent.

CORAM

: SARANG V. KOTWAL, J.

DATE : 26th FEBRUARY, 2021 P.C. :

1.

This is an application for anticipatory bail in connection with C.R.No.52 of 2020, registered with Sadar Bazar Police Station, Solapur City, for the offences punishable under Sections 420, 465, 468, 471 and 511 of the Indian Penal Code. 2.

The FIR was lodged on 22nd January, 2020, by the officer from Solapur Municipal Corporation. It is alleged that the tender in connection with the work of drainage line was granted to Jaimatadi Construction. The said contractor had completed the work on August 2019 and an amount of Rs.1,50,165/-, was disbursed to him. It is alleged that the applicant is proprietor of Nesarikar

2 / 3 Sayli Enterprises. Although, he has no concern with the aforesaid work, yet bill was submitted on his behalf for an amount of Rs.1,97,838/-, on 3rd September, 2019. Admittedly, the payment was not disbursed to the applicant. However, FIR was lodged alleging that he had attempted to claim the amount by submitting false bills.

3.

The contention of the applicant is that, although the alleged bill was submitted on 3rd September, 2019, the FIR was lodged after a period of about five months on 22nd January, 2020. It is further contended that the applicant had genuine transactions with the Solapur Municipal Corporation and the amounts were disbursed for the work carried out by the Applicant in the past. There was no question of submitting any false bills claiming the amount. The rivals were instrumental in submitting false documents with a view to blacklist the Applicant. 4.

Heard Mr.Akshay J. Kashid, learned counsel for the Applicant and Mr.Ajay Patil, learned APP for the State.

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The learned APP makes a statement that the Applicant has cooperated with the investigation and the investigating agency does not want his custody. It will be sufficient if he attends the police station as and when called by police and cooperates with the investigation.

6.

In this view of the submission, anticipatory bail can be granted to the present Applicant.

7.

Hence, the following order :

O R D E R

(i) In the event of his arrest in connection with C.R.No.52 of 2020, registered with Sadar Bazar Police Station, Solapur City, the Applicant is directed to be released on bail on his furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

(ii) Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)