MHNS010057462022
Order below Exh.1 in Criminal Bail
Application No. 1374/2022.
1.

This is an application preferred by applicant/accused Suresh
Keshavrao Kale for bail under section 439 of Cr.P.C. in C.R. No. I­
184/2022 registered in Mumbai Naka Police Station, Nashik for the
offence punishable under sections 420, 465, 467, 468, 471 r/w section 34
of the Indian Penal Code.
2.

It is submitted by the accused that he has no concern with the
offence directly or indirectly. He has been falsely implicated in the crime.
It is nowhere mentioned in the complaint that accused is involved in the
crime. Accused is 72 years old and he is physically weak person and taking
treatment of Dr. Dhanorkar since 2017.

Nothing was seized at the
instance of accused during police custody. In the present crime as per the
say of police there is cheating of Rs.45,00,000/ however he has not
received any benefit. Investigation is completed regarding present
accused. Charge­sheet has been filed in the court. It is seen from the
charge­sheet that there is no evidence against the accused and he is
victim. He is ready to abide by the terms and conditions. Hence, prayed
that application is granted.
3.

Say was called of the investigating officer. He has objected
this application on the count that, present accused in collusion with other
accused prepared two Adhar Cards and Pan Card of informant. On the
basis of bogus documents account has been opened. Co­accused Nilesh
Murtadak and Anil Patil are yet to be arrested and investigation with
respect to said aspect is yet pending. In the present crime there is
involvement of other accused and investigation has to be made on that
behalf. Offence is serious in nature and technical so investigation under
Section 173(8) of the Cr.P.C. is in progress. Hence, prayed that application
be rejected.
4.

Heard Ld. APP and Ld. Advocate for accused. It is submitted
by the Advocate for the accused that there are no criminal antecedents
against the accused. He was cheated by taking his Pan card and Adhar
card. Thus, he is the victim of the offence. He has not received any
financial benefit from the said transaction. Hence, prayed that as bail is
granted to Mukesh Gangurde and Ajinkya Sope bail be granted to present
accused.
5.

Ld. APP has objected this application on the count that,
investigation is in progress. Co­accused has yet to be arrested. Accused is
the impersonated person who has represented that the property is owned
by him. Hence, prayed that application be rejected.
6.

On perusing the FIR it is seen that the present accused
impersonated himself to be the complainant and sold property of the
complainant by showing forged Pan card and Adhar card. Though the
Advocate for the accused has claimed parity on the ground that co­accused
have been granted bail. However, on perusing the bail order of Mukesh
Gangurde who has prepared forged Pan card and Adhar card of present
accused as objection was raised that co­accused have to be arrested.
Similarly, Ajinkya Sope was also released on bail who was also charged
with similar offence that of Mukesh Gangurde bail was granted to him.
However, the role attributed to the present accused is different from the
other accused as he has impersonated himself to be the complainant and
transferred the property of the complainant.

The act of the present
accused is more grievous than the act of other accused. For the above
ground parity will not be applicable to the present accused. Considering
the conduct of the accused I am not inclined to release the accused on
bail. Hence, I proceed to pass following order :­
ORDER
The application is hereby rejected.

Nashik.
Date : 10/11/2022.

Sd/­xxx
(V.S.Malkalpatte­Reddy)
Additional Sessions Judge,
Nashik.