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Laxman Sidram Jetithor v. The State Of Maharashtra

2024-04-04Hon'Ble Shri Justice Sarang Vijaykumar Kotwal4 pages

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 903 OF 2024 Laxman Sidram Jetithor ..Applicant

Versus

The State of Maharashtra ..Respondents _____ Mr. V. V. Purwant a/w. Suraj V. Gadkari for Applicant. Ms. Mahalakshmi Ganapathy, APP for State/Respondent. _____ CORAM :- SARANG V. KOTWAL, J.

DATE :- 4 APRIL 2024 P.C. :- 1.

The Applicant is seeking anticipatory bail in connection with C.R.No.326 of 2023, registered at Vijapur Naka Police Station, Solapur city, on 09.06.2023, under Sections 420, 467, 468, 471and 120B of the Indian Penal Code.

2.

Heard Mr. Purwant, learned counsel for the applicant and Ms. Mahalakshmi Ganapathy, learned APP for the State. 3.

The gist of the F.I.R. is that the first informant Srishailkumar Hadimani was an N.R.I. He wanted to purchase some land in Solapur. The main accused Manoj Godbole obtained Digitally signed by VINOD BHASKAR GOKHALE Date:

2024.04.05 11:05:24 +0530 VINOD BHASKAR GOKHALE

Rs.4 crores from the informant. He had represented the informant that he was a Nayab Tahsildar and he was aware of many lands which could be purchased by the informant by paying dues of the Government on those lands. It was a false representation. The informant had lost his money. On this basis the F.I.R. is lodged. 4.

Learned counsel for the applicant submitted that, he has no concern with the fraudulent transaction mentioned in the F.I.R. He is not named in the F.I.R. He does not have any connection with the transaction mentioned in the F.I.R. 5.

Learned APP, on instructions of the investigating officer, submitted that the investigation has indicated that the main accused Manoj Godbole had led the police officer to the house of the present applicant and he had told the police that he had paid Rs.12 lakhs to the applicant.

6.

These are the allegations against the applicant. From the investigation carried out so far, there does not appear to be direct connection of the applicant with the transaction of the informant mentioned in the F.I.R. However, the investigation in

that behalf is necessary. Learned counsel for the applicant relied on the order dated 09.02.2024 passed in A.B.A.No.364 of 2024 in respect of one Yallubai Jadhav who was similarly placed. Therefore, today I am inclined to protect the present applicant by way of ad-interim relief with direction to the applicant to attend the concerned police station and to co-operate with the investigation. The investigating agency can find out whether any such amount was paid, whether it was paid as a result of any conspiracy to defraud the informant in this case or whether it was in connection with some independent transaction. 7.

Hence, the following order.

O R D E R

i) In the event of his arrest in connection with C.R.No.326 of 2023, registered at Vijapur Naka Police Station, Solapur city, till the next date, the Applicant is directed to be released on bail on his executing P. R. bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.

ii) This order shall operate till 12/04/2024.

iii) The Applicant shall attend the concerned Police Station on 10/04/2024 and 11/04/2024 between 1.00p.m. to 5.00p.m. and shall cooperate with the investigation.

iv) Stand over to 12/04/2024.

v) This matter shall be tagged with A.B.A.No.364 of 2024; to be heard together.

(SARANG V. KOTWAL, J.)