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IN THE COURT OF ADDITIONAL SESSIONS JUDGE, NASHIK,
AT – NASHIK.
(Presided over by Mr. M. H. Shaikh)
Criminal Bail Application No.1292 of 2022
CNR NO.MHNS010054372022
Raosaheb Sukhdev Katore
Age : 37 years, Occu.: Agriculturist
R/o : Wadivahre, Tal. Igatpuri,
Dist. Nashik.

… Applicant/Accused.

V/S
State of Maharashtra
Through – Wadivarhe Police Station
(C. R. No.I­154 of 2022)
… Respondent/State.

Appearance :
Ld. Adv. Mahendra D. Mandale alongwith Ld. Adv. Shri. V. R. Aggarwal
for Applicant/Accused.
Ld. A.P.P. Smt. B. N. Petkar for Respondent/State.
Ld. Adv. Shri. Arvind B. Badvar for Complainant.
Shri. R. D. Ahire, P.S.I., Wadivarhe Police Station.
ORDER BELOW EXH. NO.1
(Delivered on 09th December, 2022)
1.

This is an application filed under Section 438 of Criminal
Procedure Code for grant of pre­arrest bail in connection with C.R. No.154
of 2022 registered Respondent/Wadivarhe Police Station under Sections
406, 420, 467, 468, 504 and 506 r/w 34 of the Indian Penal Code.
2.

Read the application and the say filed by the respondent.

Heard Ld. Advocate for applicant, Ld. A.P.P. for the State, Ld. Advocate
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for the Complainant/Bank and the I.O. Perused the police­papers produced
for inspection by the I.O.
3.

It is alleged by the prosecution that, the applicant and other
accused persons applied for Gold loan. The complainant/Bank was having
applicant and accused Nos.12 & 14 as the Bank valuers and they had
certified the purity of the mortgaged Gold ornaments and therefore Bank
sanctioned the loan. Thereafter, it revealed to the Bank that the mortgaged
Gold ornaments are fake and therefore an inquiry was conducted and
thereafter a written complaint was filed to the Police. Police did not take
cognizance. Therefore, a private complaint was filed before the Ld.
J.M.F.C., Igatpuri, who gave a direction under Section 156 (3) of Cr.P.C.
4.

It is the case of the applicant that, he is falsely implicated.

Nothing is to be recovered or discovered at his instance. Custodial
interrogation of the applicant is not necessary. He has repaid the entire loan
amount. Ready to abide by the terms and conditions likely to be impose by
the Court. Therefore, prayed to allow the application.
5.

The respondent objected on the ground that, investigation is at
a primary stage. All accused in collusion with each other had cheated the
complainant/Bank to the tune of more than Rs.80,00,000/­. The said amount
belongs to the public. Investigation is in progress. Custodial interrogation of
applicant is necessary. Therefore, prayed to reject the application.
6.

Complainant/Bank intervened in this matter and filed their
objection and objected on the ground that, there was a collusion in between
the applicant and other accused persons and they by mortgaging fake Gold
ornaments got sanctioned the loan and did not repay the same. Prima­facie
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case is there. Custodial interrogation is necessary. Therefore, prayed to
reject the application.
7.

Upon hearing and going through the material placed on
record, what can be gathered is that, applicant had applied for Gold loan by
mortgaging the Gold ornaments. Accused No.12 and 14 valued the Gold
ornaments and certified to be pure. Accused No.13 again certified the Gold
ornaments
to
be
pure.

Thereafter,
the
new
Manager
of
the
complainant/Bank got suspicion about the Gold ornaments. Therefore, a
verification was conducted by the third valuer, who opined that the Gold
ornaments mortgaged with the Bank is fake. The notice was sent to the
applicant.
8.

In the above back­drop, if we consider the case in hand, one
will find that, the applicant was the valuer of the complainant/Bank and
also the borrower of Gold loan. The amount was sanctioned and credited to
his account. The Gold loan was cleared by the applicant after receipt of
notice from the complainant/Bank. Complainant/Bank is having the opinion
of the valuer that the Gold ornaments mortgaged by the applicant and other
accused persons to be fake. Therefore, this Court finds that, there is a
prima­facie case that the applicant alongwith other accused persons have
cheated the Bank to the tune of more than Rs.80,00,000/­, which is the
public money. The loans were also renewed by the applicant and other
accused persons. A through investigation is required in this matter. There
might be a racket involved in the said crime. Moreover, it is an economic
crime affecting the Nation at large. Therefore, this Court finds that, there is
a prima­facie case and custodial interrogation of the applicant is necessary
to know the modus­operandi and whether besides the applicant and accused
persons named in the F.I.R., is there an involvement of Bank officials and
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employees in it. As far as, another person by name Samadhan Nathe is
concerned, in investigation if his role is found in the crime, he can be made
as an accused. Therefore, this Court finds that, it is not inclined to grant
pre­arrest bail to the applicant. In the result, the application fails. Hence, the
order.
ORDER
1.

Criminal Bail Application No.1292 of 2022 stands rejected.

2.

Inform the said order to the I.O.
MUSHTAQUE
HUSSAIN
SHAIKH
Place : Nashik.
Date : 09/12/2022
Digitally signed by
MUSHTAQUE
HUSSAIN SHAIKH
Date: 2022.12.12
12:13:21 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.