Gopalkrisha Mallinath Laddha v. State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1454 OF 2024 Gopalkrishna Mallinath Laddha ...
Applicant Vs.
State of Maharashtra ...
Respondent Mr. Nitin Gaware Patil a/w. Mr. Jay Salunke for Applicant. Mr. Bapu V. Holambe Patil, APP for Respondent-State. CORAM : MANISH PITALE, J.
DATE : JULY 01, 2024 P.C. :
.
Heard learned counsel for the applicant and the learned APP for the respondent-State.
2.
The applicant apprehends arrest in connection with FIR No.0094 of 2024 dated 26.02.2024 registered at Panvel City Police Station, District - Navi Mumbai, for offences under Sections 420, 465, 467, 468 and 471 of the Indian Penal Code, 1860 (IPC). 3.
The allegation against the applicant is that he allegedly caused forged bank guarantees to be submitted in the context of a project, concerning the Panvel Municipal Corporation.
4.
The learned counsel for the applicant submits that the applicant himself had caused an FIR to be registered on 21.02.2024 against an aide, who had assisted the applicant in arranging for the bank guarantees. The applicant had simply provided the amount for obtaining the bank guarantees and it was entirely the work of the said close aide called Pranay Rameshwar Malu and that therefore, the applicant cannot MINAL SANDIP PARAB MINAL SANDIP PARAB Date: 2024.07.01 15:28:09 +0530 be hauled up for the alleged forged bank guarantees. It is further pointed 1/3
out that the project was completed and the bank guarantees were given only as additional security, but in the process, certain payments due to the applicant are now held up.
5.
On the last occasion, this Court had adjourned the proceedings to allow the learned APP to take instructions as to the fate of the earlier FIR dated 21.02.2024, filed at the behest of the applicant in respect of the very same bank guarantees.
6.
The learned APP informs this Court that the preliminary investigation has revealed the role of the said Pranay Rameshwar Malu in the said offence pertaining to forged bank guarantees. This Court is further informed that the said Pranay Rameshwar Malu has been added as accused No.2 in the subject FIR dated 26.02.2024 in respect of which the present application is filed. This Court is further informed that the accused Pranay Rameshwar Malu, now added in the present case, has been granted anticipatory bail by the Sessions Court in the FIR dated 21.02.2024, registered at the behest of the applicant. 7.
Considering the aforesaid circumstances and the fact that the applicant himself had caused the earlier FIR dated 21.02.2024 to be registered in the context of the alleged forged bank guarantees, this Court is inclined to allow the present application, subject to the applicant co-operating with the investigation.
8.
In view of the above, the application is allowed in the following terms:- A.
In the event the applicant is arrested in connection with FIR No.0094 of 2024 dated 26.02.2024 registered at Panvel City Police Station, District - Navi Mumbai, he shall be released on bail on furnishing PR Bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one or two sureties in the 2/3
like amount to the satisfaction of the trial Court; B.
The applicant shall remain present before the investigating officer as and when called by the investigating officer and he shall co-operate with the investigation;
C.
The applicant shall not influence the informant, witnesses or any person concerned with the case and he shall not tamper with the evidence.
9.
In case any of the aforesaid conditions are violated, the present order would be liable to be cancelled.
10.
The application stands disposed of.
(MANISH PITALE, J.) Minal Parab 3/3