Swaroop Tanaji Limbore v. State Of Maharashtra

Digitally signed by DINESH SADANAND SHERLA Date:

2025.04.12 14:18:08 +0530 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 5136 OF 2024 Swaroop T. Limbore ...Applicant V/s.

State of Maharashtra

...Respondent.

...............

Mr. Priyal G. Sarda a/w. Mr. Sbhubham Sane and Ms Seema S. Dighe for the Applicant.

Mr. T.G. Khan, APP for the Respondent/State.

..............

CORAM

:

N.R. BORKAR, J.

DATE :

28.02.2025.

P.C. :

1.

This is an application for regular bail.

2.

The applicant came to be arrested in Crime No.701 of 2024 registered at Hinjewadi Police Station, Pimpri-Chinchwad for the offences punishable under Sections 406, 419, 420, 465, 467, 468, 471, 120-B read with 34 of the Indian Penal Code. 3.

The allegations against the applicant and other co-accused are of cheating and forgery. According to the prosecution, they defrauded the complainant to the tune of Rs.89,50,000/-. There are allegations of defrauding the Axis bank to the tune of Rs.16,97,000/- and ICICI Bank to the tune of Rs.80,72,502/- on the basis of forged documents.

1/3

4.

I have heard the learned counsel for the applicant and the learned APP for the respondent - State.

5.

Learned counsel for the applicant submits that the applicant has nothing to do with the alleged crime. It is submitted that the main allegations are against the co-accused Vasudatta Dube. It is submitted that the Sessions Court has released the co-accused Madhusudan Bhor, to whom more serious role is attributed in crime in question. It is further submitted that all the offences are triable by the Magistrate and the applicant is in jail for nine months. It is further submitted that there are no other criminal antecedents against the present applicant.

6.

On the other hand, learned APP for the respondent/ State submits that the forged salary certificate was issued by the present applicant and on the basis of said salary certificate loan of Rs.68,00,000/- was availed by the co-accused. It is submitted that considering the nature of offence, the applicant may not be released on bail.

7.

The learned APP has not disputed that more serious role is attributed to the co-accused Madhusudan Bhor, to whom the Sessions Court has granted bail. Considering the overall facts and and circumstances of the case and as there are no other criminal antecedents against the applicant, I am inclined to release him on bail. In the result, the following order is passed. 2/3

O R D E R

A] The Application is allowed.

B] The applicant be released on bail in C.R. No.701 of 2024 registered at Hinjewadi Police Station, PimpriChinchwad for the offences punishable under Sections 406, 419, 420, 465, 467, 468, 471, 120-B read with 34 of the Indian Penal Code on furnishing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

[N.R.BORKAR, J.] 3/3