Sajjad Habibmiya Kazi v. State Of Maharashtra

P.H. Jayani 35 ABA1571.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1571 OF 2023 Sajjad Habibmiya Kazi .... Applicant v/s.

The State of Maharashtra .... Respondent Mr. Tassawar Sagari for the Applicant.

Mr. S.V. Gavand, APP for the State.

Mr. Sachin Bandgar, API, EOW, Solapur City, present. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 05th JUNE, 2023.

P. C. :- .

This is an Application under section 438 of Cr.P.C. filed by the aforesaid Applicant apprehending his arrest in C.R.No.177/20023 registered with Vijapur Naka Police Station, Solapur City for offences punishable under sections 420, 467, 468, 471 r/w. 34 of the Indian Penal Code.

2.

The aforesaid crime was registered pursuant to the FIR lodged by Vinay Ramkrishna Mantri, the Assistant General Manager, Fraud Control Unit, Cholamandalam M.S. General Insurance Company Ltd., Solapur. The facts narrated in the FIR prima facie reveal that the co-accused Ajay Korwar was running Sidhharth Online Services in front of RTO office, Solapur. He along with accused no.2 - Pradeep Sawant had induced 1/2

P.H. Jayani 35 ABA1571.2023.doc about 1731 persons from State of Maharashtra, Karnataka, Goa, West Bengal, Uttar Pradesh, Rajasthan, etc. in purchasing insurance policies for less amount by visiting the website of Cholamandalam. They claimed to be RTO agents. It is alleged that they forged insurance policies and cheated the Insurance Company to the tune of Rs.2,93,68,836/-. 3.

The records prima facie reveal that the Applicant was also involved in referring several customers to the main accused. The material on record and the statements of the witnesses in particular, prima facie reveals that the Applicants were bringing customers to the Office of the Accused No.1. The Applicants used to receive money from the Accused No.1. There is material on record to show the bank transaction between the Applicant No.1 and the Accused No.1. The material on record prima facie shows the involvement of the Applicant in a widespread insurance scam. The offence is of serious nature, and the investigation is at initial stage. Grant of pre-arrest bail will certainly hinder investigation. 4.

Considering the above facts and circumstances, this is not a fit case to exercise discretion under section 438 of Cr.P.C. Hence, the Application is dismissed.

(SMT. ANUJA PRABHUDESSAI, J.) 2/2