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Bombay High CourtABA/3629/2024disposed off

Girish Prakash Chandwani v. State Of Maharashtra

2025-01-10Hon'Ble Shri Justice N. R. Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3629 OF 2024 Girish Prakash Chandwani ...Applicant

Versus

The State of Maharashtra

...Respondent

....

Mr. Sushrut Jadhwar, Advocate for the Applicant. Mrs. Ranjana D. Humane, A.P.P. for the Respondent - State. ....

CORAM

:

N. R. BORKAR, J.

DATE :

10th JANUARY, 2025.

P.C.

:

1.

This is an application for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No.I-289 of 2023 registered with Jawahar Police Station, Palghar, for the offences punishable under Sections 420, 464, 465, 467, 468, 471, 472, 474 r/w Section 34 of the Indian Penal Code.

3.

According to first informant who was the Regional Manager of Maharashtra Rajya Sahakari Adivasi Vikas Mahamandal Maryadit, the Government had implemented a Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2025.01.13 15:06:03 +0530 scheme for purchasing rice from the farmers at the minimum SAJAKALI LIYAKAT JAMADAR

assured price. Thereafter, the said rice was to be given to the rice mill owners for milling. For that purpose the rice mill owners were required to furnish the bank guarantees of a Nationalized or a Scheduled Bank. The bank guarantee was required to be valid till the final accounts were settled. The regional office was entrusted with that duty to verify the authenticity of the bank guarantees. It is alleged that for the season of 2022-23 it was found that four to five mill owners had furnished forged bank guarantees. According to the first informant, one of the mill owners namely, Sopan Sambare, who is accused No. 3 in the present crime had submitted the forged bank guarantee. During interrogation the said accused No. 3 has revealed that the alleged forged bank guarantee was provided to him by the present applicant by accepting Rs.80,00,000/- from him.

4.

The learned counsel for the Applicant submits that the Investigating Officer has taken search of the shop of the present applicant and nothing incriminating was found. It is submitted that there are no allegations of wrongful loss or wrongful gain to any person. It is submitted that there are no other criminal antecedents against the present applicant. It is submitted that the applicant is ready to co-operate with the investigation and thus he may be released on anticipatory bail. 5.

It is not in dispute that the forged bank guarantees

were submitted. The accused No. 3 during his interrogation has revealed the alleged forged bank guarantee submitted by him to Maharashtra Rajya Sahakari Vikas Mahamandal Maryadit was provided to him by the present applicant by accepting Rs. 80,000/- from him. To unearth the source of forged bank guarantee, the custodial interrogation of the applicant is necessary. I am therefore not inclined to release the applicant on anticipatory bail. The application is rejected. (N. R. BORKAR, J.)