CNR No. MHNS010014262022

Order below Exh. 1 in, Cri. Bail Application No. 441/2022

( Sharad Pandit Pagar Vs. State )

This is an application for pre­arrest bail u/s. 438 of Cr.P.C. in C.R. No. 164/2018 registered with Gangapur police station, Nashik u/s. 420,465,468,471, R/w.34 of Indian Penal Code(for short “IPC”).

2.Learned counsel Mr. R.D.Ahwad for the applicant submits that, he is innocent person and has been falsely implicated. Applicant is ready to abide by any of the terms and conditions to be imposed by this Court. He has got fixed and permanent place of residence and undertakes to cooperate investigation.

3.Learned counsel Mr. Ahwad further submits that, entire sale consideration in respect of said flat has been paid to the informant by his wife. Hence, there is no question of making any payment to him. Prior to sale of the said flat by informant to his wife, it was sold by him to one Krushna Badriprasad Gupta. FIR was registered wherein informant, accused and other persons were arrested and released on bail In all above 17 cases, applicant has already been released on bail. Police did not investigate when he was in custody. Though alleged incident occurred on in between 25.02.2011 to 31.07.2014 but FIR has been lodged on 25.07.2018 i.e. after delay of 7 years without plausible explanation.

4.Learned A.P.P. Mr. R.M. Baghdane, by filing pursis (Exh.7) adopted say filed by I.O (Exh.6) and strongly objected this application. I.O. is present alongwith police case papers.

5.It is the case of prosecution that, the applicant’s wife had purchased a flat from informant, on payment of Rs. 51,00,000/­. Concerning the said flat applicant prepared forged document and by representing them to be true, obtained loan and cheated banks. He opened account in Jankalyan Co­operative Bank, Anandwalli Branch, Nashik in the name of informant by affixing his own photograph on Pan Card and Driving licence of the informant, by representing them to be true and have done many illegal transactions . He misused forged Pan Card in the name of informant. He obtained loan from various banks but did not repay the same.

6.Learned APP and I.O. opposed this application, on the grounds that, applicant obtained loan of Rs. 26,00,000/­ on the said flat in the Form of 3 Demand Drafts in the name of the informant and instead of giving it to the informant, by opening fake account in the name of informant in Jankalyan Co­operative Bank, Anandwalli Branch, Nashik, deposited that amount therein and then distributed it to various persons who are yet to be traced.

Handwriting on the above documents and how where and from whom they were prepared is to be investigated. Statements of witnesses are to be recorded. Seventeen offences have been registered against applicant, as under.

(1) Sarkarwada Police station, Nashik City ­C.R. No. 82/2015 u/s.386,420,467,468,471,34, 120B of IPC
(2)Gangapur Police station, C.R. No. I­106/2017 u/s.420, 419, 406,465,467,468,471 of IPC

(3) Ambad Police station, C.R. No. 317/2015 u/s.405, 420, 423,465,467,468,471,418,472,473,474,475,476,484,193(2),
119, 200,120B, 201,34 of IPC

(4)Upnagar Police station, C.R. No. I­31/2015 u/s.420, 468, 469, 471,34, of IPC

(5)Sarkarwada Police station, Nashik City ­C.R. No. I75/2015 u/s.420,467,468,471,34, of IPC

(6) Ambad Police station, C.R. No. I­ 316/2015 u/s.405, 420,423,465,467,468,471,418,471,472,473,474,475,484,
193(2), 199,200, 120(B), 201,34 of IPC

(7)Sarkarwada Police station, C.R. No. 46/2017 u/s.406, 420,468 of IPC

(8) Bandra Police Station C.R. No.I­47/2019 u/s. 419,420 of IPC

(9) Gangapur Police station, Nashik C.R. No.I­208/2017 u/s.420,465,467,468,471,34 of IPC

(10) Ambad Police station, Nashik,C.R. No.I­ 318/2018 u/s.405,420,423,465,467,468,417,418,471,472,473,474,475, 476,484,193(B), 419,200,120B,201,34 of IPC

(11)Gangapur Police station, Nashik C.R. No.I­265/2017 u/s.420,419,465,467,468,471,417,511,34 of IPC

(12) Ambad Police station, Nashik C.R. No.I­317/2018 u/s.405,420,423,465,467,468,417,418,471,472,473,474,475, 476,484,193(2), 199,200,120B,201,34 of IPC

(13) Sarkarwada Police station, C.R. No. I­178/2018 u/s.420,465,467,468,471,34 of IPC

(14)Ambad Police station, Nashik C.R. No.I­318/2015 u/s.405,420,423,465,467,468,417,418,471,472,473,474,475, 476,484,193(2), 199,200,120B,34 of IPC

(15)Indira Nagar Police station, C.R. No. I­205/2018 u/s.420,467,468,471,34 of IPC

(16)Sarkarwada Police station, C.R. No. I­73/2017, u/s. 13 of Maharashtra Housing and Area Development Act, 1976 (17) Mumbai Naka Police Station, C.R. I­326/2019, u/s. 66(c) of Information Technology Act.

7.Perusal of record reveals that, seventeen offences of similar nature have been registered against the applicant. Offences are serious in nature. Considering the facts and circumstances of the case,for thorough investigation on above grounds custodial interrogation is necessary. Investigation is incomplete. There is direct involvement of the applicant. He may hamper or tamer prosecution witnesses or evidence and may abscond. Therefore, I am not inclined to exercise my discretion in favour of the applicant.

Consequently, this application being devoid of merits, is liable to be rejected. Hence, the order.

ORDER

This application stands rejected.

( S.T. Tripathi) Date : 22.04. 2022. Additional Sessions Judge­7, Nashik.