Order below Exh. 1 in, Cri. Bail Application No. 506/2022
( Dagadu Bhika Patil applicant/accused 4 Vs. State )
This is an application for prearrest bail u/s. 438 of
Cr.P.C. in C.R.No.I 38/2018 registered with Sarkarwada police
station, Nashik u/s. 420,464,465,468, R/w.34 of Indian Penal
Code(for short “IPC”).
2.
Learned counsel Mr. J.S. Vaishanpayan for the
applicant submits that, he is innocent person and has been falsely
implicated. He is ready to abide by any of the terms and conditions
to be imposed by this Court. Complainant and witnesses
have
received the entire amount. He has got fixed and permanent place
of residence and undertakes to cooperate investigation.
3.
Learned A.P.P. Mr. R.M. Baghdane, by filing pursis
(Exh.6) adopted say filed by I.O (Exh.5) and strongly objected this
application. I.O. is present alongwith case papers.
4.
Perused record. It is the case of prosecution in brief
that, present applicant and other coaccused directors of Morya
Construwell Pvt. Ltd., alongwith their partners in the year 2013
organized a propertyexpo in Khandesh Central mall.
They had
promoted that, Morya Construwell Pvt. Ltd., has some farm lands
and executed a notarized agreement to sale in favour of the
informant and other persons, though the property was owned by
some other persons. They did not execute registered saledeed in
their favour. Hence, above C.R. was lodged against
applicant and other three accused persons.
present
2
5.
Learned A.P.P opposed this application on the grounds
that, in the investigation it reveals that, applicant was agent and he
purchased agricultural land at Jalgaon from the amount of
commission, accused has not given information how bogus 7/12
extract of agricultural land is prepared and it is yet to be recovered,
there is possibility of increase in the amount of misappropriation,
statement of witnesses is to be recorded, offence
is serious,
accused has been named in the FIR, investigation is incomplete.
6.
It is relevant to mention that,
15.02.2018, accused 1 Sunil Dholi,
by order dated
2 Jitendra Jagtap, 3 Kirit
Sadgir and 5 Yogesh Vishwambhar have been released by learned
CJM on the ground that informant and other victims have received
the amount of cheque issued in respect of the cheated amount. FIR
has been registered 31.01.2018. Ld. Advocate for accused have also
filed document which was submitted before learned CJM on
15.02.2018 in respect of the receipt of aforesaid amount. Thus, all
the accused except present applicant are on bail. Considering the
facts and circumstances of the case, for investigation on above
grounds, custodial interrogation
is not necessary.
In the
circumstances, by imposing conditions, investigation can be carried
out. Offences
alleged
are not punishable with death or life
imprisonment. As, above Crime Number has been registered, the
apprehension
in the mind of applicant of being harassed, man
handled, arrested seems to be reasonable, warranting prearrest
protection. Hence, the order.
3
ORDER
1.
This application stands allowed.
2.
Interim order dated 21.04.2022 passed below Exh.4 stands
confirmed.
3.
The applicant shall attend the police station on each Monday
for one month in between 11.00 a.m. to 1.00 p.m. or as and when
called by I.O. under prior written intimation or till filing of charge
sheet, whichever is earlier.
Date :27.04.2022.
( S.T. Tripathi)
Additional Sessions Judge7,
Nashik.