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Cri BA No.396-2024
MHCC020026802024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION NO.396 OF 2024
Vishal Narayan Gonbhare,
Age: 40 Years.

]
] …Applicant.

Versus
The State of Maharashtra
]
(At the instance of Dadar Police Station Vide]
FIR No.174 of 2023)
] …Respondent.
Advocate Sunita Devgonde for applicant.
APP Pankaj Chavan for the State.
CORAM :
SHRI. S.B. PAWAR,
THE ADDL. SESSIONS JUDGE (C.R. No.58)
DATE
:
27th FEBRUARY, 2024.
ORDER
The applicant, who is arrested in connection with FIR
No.174 of 2023 registered with Dadar Police Station for offence under
sections 465, 468, 471, 420 r/w. 34 of the Indian Penal Code, has filed
the present application for regular bail under section 439 of the Code of
Criminal Procedure, 1973.
2.

The case of the prosecution in brief is that applicant, in
connivance with co-accused Sham Vithoba Khatkar induced the first
informant Supriya Shantaram Khapre and witnesses Vikas Khotamkar
and Avinash Ghadshi to part with aggregate sum of Rs.16,13,500/- on
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Cri BA No.396-2024
the pretext of providing jobs in Mantralaya, prepared forged documents
and committed an offence of forgery and cheating. First informant is
maternal sister of the applicant. Witness Avinash is maternal brother of
the applicant, whereas witness Vikas had acquaintance with the first
informant. It is alleged that the applicant introduced co-accused Sham
Khatkar to them as a Secretary at Mantrayala.

Co-accused Sham
Khatkar assured the first informant and witnesses that he would provide
them Government job of Clerk, Peon and Driver in Mantralaya. He
prepared forged ID cards, appointment letters and various letters and
handed over the same to the first informant and witnesses.

He
extracted amounts from them from time to time on various pretexts but
failed to provide them any job as promised. When co-accused Sham
Khatkar came to be arrested in another similar crime, first informant
realized that she is also cheated and approached police to file complaint
against the applicant and co-accused Sham Khatkar.
3.

Applicant claims to be innocent and falsely implicated. He
contends that charge-sheet has been filed and there is no evidence to
show that any amount was transferred in the bank account of the
applicant.

His role is limited only to introduce co-accused Sham
Khatkar to the first informant. The entire amount is transferred to the
co-accused. The applicant is not involved in any forgery. He is a victim
in the present case. Nothing incriminating or money is recovered from
the applicant during his interrogation.

He is permanent resident at
Mumbai having two small kids and he is only bread winner of his
family. Thus, on the above grounds, the applicant seeks bail.
4.

Prosecution filed reply and opposed bail on the grounds
that the offence is serious and active involvement of the applicant in the
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offence is revealed.

Cri BA No.396-2024
The applicant has accepted cash amount of
Rs.1,60,000/- from the first informant in presence of witness.

The
applicant had reason to believe that co-accused Sham Khatkar was not
holding any post in the Government. Still knowingly, he induced the
first informant to believe the said fact. He committed the offence of
cheating by taking undue advantage of his close relationship with the
first informant and witnesses.

Ultimately, it is contended that two
similar crimes at Dahiasr Police Station and one crime at Kopri Police
Station are registered against the applicant.
5.

Heard learned Advocate for the applicant, learned APP and
the investigating officer. Learned Advocate for the applicant argued
that from the FIR and statements of witnesses, it is clear that the entire
amount is transferred in the account of main accused Sham Khatkar.
The statements of witnesses further make it clear that co-accused Sham
Khatkar prepared forged documents.

Applicant merely introduced
Sham Khatkar to the first informant. He has not played any active role
and has not received any benefit. In fact, applicant was looking for job
and he is cheated by the main accused Sham Khatkar. As investigation
is complete and charge-sheet has been filed, learned Advocate for the
applicant urged to admit the applicant to bail.
6.

Learned APP and Investigating Officer both opposed the
bail by submitting that as per allegations in the FIR, applicant in
connivance with the co-accused has committed the offence though he
was close relative of the first informant. He has accepted cash amount
of Rs.1,60,000/- showing his active involvement. He has knowledge
that Sham Khatkar was not a Government servant but induced the first
informant to believe that he was working at the post of Secretary in
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Mantralaya.
showing
Cri BA No.396-2024
Similar offences are registered against the applicant
his
criminal
antecedents.

Investigating
Officer further
submitted that the applicant had introduced main accused Sham
Khatkar to every victim of the crimes registered against them.
Therefore, both learned APP and Investigating Officer opposed grant of
bail to the applicant.
7.

I have carefully considered submissions of both sides. I
have gone through the FIR and the entire charge-sheet annexed with
the application.

The applicant is arrested on 03.05.2023 and after
initial police custody, he came to be remanded to judicial custody. It is
not the case of prosecution that any amount or any incriminating
articles are recovered at the instance of the applicant.
8.

The averments in FIR disclose that the applicant introduced
co-accused Sham Khatkar to the first informant in May, 2022 by stating
her that Sham Khatkar was holding a post in Revenue Department in
Mantralaya and he can provide job in Mantralaya. It further appears
that the applicant was present at the time of initial meeting of the first
informant and Sham Khatkar.

However, it further appears that co-
accused Sham Katkar showed his ID card and documents to the first
informant to gain her belief. It further appears that the conversations
demanding money on various pretexts from the first informant had
done by Sham Khatkar from time to time. Therefore, Sham Khatkar
played main role in extracting amounts from the first informant as well
as witnesses and all transfers in the account made by the first informant
and witnesses are done in the bank account of Sham Khatkar. There is
no allegation either of the first informant or witnesses that any amount
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Cri BA No.396-2024
was paid in cash individually to the applicant or applicant had
demanded any amount to them individually.
9.

The statements of witnesses Krishna Bhikane, Babu Sahu,
Vishan Gala and Sandeep Diwalkar further show that main accused
Sham Khatkar was instrumental in preparing all the forged documents
and in committing forgery. No role is attributed to the applicant for
commission of offence of forgery.
10.

From the material collected during investigation and
available in the charge-sheet at the most the offence under section 420
of the Indian Penal Code can be attracted against the applicant. The
said offence is punishable upto imprisonment of seven years.

The
investigation is complete. Though prosecution claims that three other
offences are registered, two offences are of the year 2010-2011. In the
light of the role of applicant evident from the FIR and material in the
charge-sheet, in my view, his further detention in jail is unnecessary and
he can be admitted to bail on appropriate terms and conditions.
Therefore, following order is passed:
ORDER
1.

Criminal Bail Application No.396 of 2024 is allowed.

2.

The applicant Vishal Narayan Gonbhare, who is accused in FIR
No.174 of 2023 registered with Dadar Police Station for offence under
sections 465, 468, 471, 420 r/w. 34 of Indian Penal Code, be released
on his executing PR Bond of Rs.30,000 /- (Rupees Thirty Thousand
Only) and on furnishing one or two sureties in the like sum on
following conditions:(a)
The applicant shall not directly or indirectly make any
inducement threat or promise to any person acquainted with
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Cri BA No.396-2024
the facts of the case so as to dissuade him from disclosing
such facts to the Court or to any police officer.
(b)
The applicant shall not tamper with evidence of the
prosecution.
(c)
The applicant shall not commit similar offence while
on bail.
(d)
The applicant shall not try to contact the informant or
witnesses personally or through anybody till conclusion of
trial.
(e)
The applicant shall submit documents regarding his
permanent address and contact details to the concerned
police station and the Court, within seven days of his release
and if in future, there is any change in his address or contact
details, intimate the same to the concerned police station.
(f)
3.

The applicant shall attend the trial regularly.

Breach of any of the above conditions shall entail the cancellation
of the bail.
4.

Provisional cash bail of Rs.30,000/- allowed for the period of six
weeks.
5.

Bail before learned trial Court.

6.

Criminal Bail Application No.396 of 2024 is disposed off
accordingly.

Date : 27/02/2024
Order Dictated on: 27/02/2024
Transcribed on : 27/02/2024
Checked on
: 28/02/2024
Signed on
: 28/02/2024
(S.B. PAWAR)
Additional Sessions Judge
City Civil & Sessions Court,
Gr. Bombay
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Cri BA No.396-2024
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
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THE ADDL. SESSIONS JUDGE
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JUDGEMENT /ORDER
of 27.02.2024
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