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Bombay High CourtABA/140/2024allowed

Mahadev Shrirang Ghadage v. State Of Maharashtra And ANR

2024-01-24Hon'Ble Shri Justice Rajesh S. Patil3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.140 OF 2024 Mahadev Shrirang Ghadage .... Applicant

Versus

The State of Maharashtra & Anr.

.... Respondent ......

WITH ANTICIPATORY BAIL APPLICATION NO.142 OF 2024 ______ Mr. Rahul S. Kadam, Advocate for the Applicants. Ms. Pallavi N. Dabholkar, APP for the Respondent-State. ______ CORAM : SARANG V. KOTWAL, J.

DATE : 24th JANUARY, 2024 P.C. :

1.

The Applicants are seeking anticipatory bail in connection with C.R.No.652/2023 registered at Tembhurni Police Station, District Solapur under sections 408, 409, 420, 464, 465, 471 read with 34 of IPC.

2.

The gist of the FIR is that the Applicant Mahadev Ghadage was the Secretary of the Takali (T) Vivid Karyakari Seva Sahakari Sangh, Takali, Taluka - Madha, DistrictSolapur. The allegations are that some fraudulent loan was sanctioned in the name of the first informant and the amount of the loan was misappropriated behind the back of the first informant. The other two applicants i.e. Bhikaji Rajmane and Deshmane(PS)

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Pandurang Chavan had signed the loan receipts submitted to Solapur District Central Co-operative Bank as panchas to that particular loan.

3.

Learned counsel for the Applicants submitted that the FIR is lodged because of the rivalry between the two groups in the society. The informant's son had contested and won the election to the Committee of the said Society, but, he was subsequently disqualified. The informant suspected that the Applicant Mahadev Ghadage and his group were behind the removal of her son and, therefore, this false FIR is lodged. He submitted that the chart which bears the signature of the Applicant Mahadev was prepared from the record. That itself does not indicate that the loan was fraudulently sanctioned on the basis of the forged documents.

4.

He submitted that even if it is assumed that the offence is actually committed there is no connection of the present Applicants with the offence.

5.

Learned APP is seeking time to enable the investigating officer to go through the entire record and to find the money trail as to how that loan amount was disbursed

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and utilized. She submitted that the Applicants be directed to appear before the investigating agency and to participate in the investigation at this stage.

6.

Considering these submissions, today the matters can be adjourned with interim protection to the Applicants. 7.

Hence, the following order :

ORDER

(i) In the event of their arrest in connection with C.R.No.652/2023 registered at Tembhurni Police Station, District Solapur, till the next date, the Applicants be released on bail on their executing P.R. bonds in the sum of Rs.30,000/- each (Rupees Thirty Thousand Only) with one or two sureties each in the like amount.

(ii) This order shall operate till 5.3.2024.

(iii) The Applicants shall attend the concerned Police Station from 12.2.2024 to 15.2.2024 between 1:00 p.m. to 5:00 p.m. and thereafter as and when called. The Applicants shall cooperate with the investigation. (iv) Stand over to 5.3.2024.

(SARANG V. KOTWAL, J.) Deshmane (PS)