Cri. Bail Appl. No.1314 of 2022 (Or Exh.1)
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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.1314 of 2022
CNR NO.MHNS010055302022
Samadhan Sukhdev Gavte
Age : 40 years, Occu.: Nil
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. Shri. Kishor L. Gaikwad 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
for the Complainant/Bank and the I.O. Perused the police­papers produced
for inspection by the I.O.

Cri. Bail Appl. No.1314 of 2022 (Or Exh.1)
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3.

It is alleged by the prosecution that, the applicant and other
accused persons applied for Gold loan. The complainant/Bank was having
accused Nos.5, 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. He
had applied at the instance of accused No.3, who is having Gold ornaments
shop. He did not receive any amount. He is the victim of circumstances.
Nothing is to be recovered or discovered at his instance. Custodial
interrogation of the applicant is not necessary. 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
Cri. Bail Appl. No.1314 of 2022 (Or Exh.1)
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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.5 valued the Gold ornaments
and certified to be pure. Accused No.12 & 14 also 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. However, he did not repay the loan.
8.

In the above back­drop, if we consider the case in hand, the
applicant had pointed the finger at accused No.3, who is also having a shop
of Gold ornaments at Wadivarhe. There is similar type of case against
accused No.3 and it is evident from the police­papers produced for
inspection on record. Moreover, the sanctioned amount was credited to the
accounts of applicant and other accused persons. 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 grievance of applicant that, he is the victim
of circumstances can not be accepted because the sanctioned loan amount
was credited to his account and he had withdrawn it. The loans were also
renewed by the applicant and other accused persons. Therefore, they cannot
take such a defence now. A through investigation is required in this matter.
There might be a racket involved in the said crime. Moreover, it is an
Cri. Bail Appl. No.1314 of 2022 (Or Exh.1)
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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 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.1314 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
12:15:03 +0530
(M. H. Shaikh)
Additional Sessions Judge, Nashik.