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MHNS010039942022
Order below Exh. 1 in Criminal Anticipatory Bail
Application No. 954/2022.
1.

This is an application for anticipatory bail under section 438
of Cr.P.C. in C.R.No. I­52/2022 registered against applicant Ravindra
Vikram Jadhav at Sarkarwada Police Station for the offence punishable
under sections 420, 465, 468, 471 of the Indian Penal Code.

2.

It is the case of the prosecution that friend of Yuvraj
Mhaske i.e. Ganesh Mohite cheated him by taking Rs. 5,20,000/­ on
the count that he will provide him job as Inspector in State Excise
Department, Nashik.
3.

It is contended by the applicant that he has been falsely
implicated. There is delay in lodging the FIR and delay is not
explained. Applicant is innocent and has not committed any offence.
Allegation made against applicant in report is false. The complaint is
imaginary and false. He has no concern with the department or the
said Yuvraj Mhaske and Ganesh Mohite. He is teacher by profession
and residing far away from them. Allegations in the complaint do not
attract commission of an offence at the hands of the present
applicant and also section alleged to have been contravened are not
correct. Nothing has to be seized at the instance of applicant and
therefore no need of his custodial interrogation. Applicant is the
permanent resident of Pune and possessing landed property,
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therefore no question of absconding. He is ready to abide by the
terms and conditions. Hence, prayed that application be allowed.
4.

Say was called of Investigating Officer he has objected
this application on the count that offence is serious in nature.
Applicant has prepared forged appointment letter for the post of
Inspector, State Excise Department, Nashik and cheated the witness
Ganesh Mohite. They have to inquire and recover from where forged
appointment letter was obtained, where it was printed, who has
signed and where the seal was obtained.

They have to seized the
mobile of the present applicant as on whatsapp the forged
appointment letter was sent.

They have to inquire how
Rs.6,00,000/­ has been utilized and who other were cheated. Hence,
prayed that application be rejected.
5.

Heard Learned Advocate for the applicant and Learned
APP for the State. It is contended by the Advocate for the applicant
that Ganesh Mohite should have been also arrayed as accused. He
has been falsely implicated. On the other hand it is contended by the
prosecution that there is no direct recruitment to the post of
Inspector in Excise Department. Forged appointment letter has been
issued to Ganesh Mohite who has lodged the complaint to the Excise
Department. Investigation is required. Hence, prayed that application
be rejected.
6.

On perusing the FIR it is categorically seen that, after
inquiry of the application given by Ganesh Mohite it transpired that
the appointment letter is given for the post of Inspector. When no
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such post is filled and the signatory to the appointment letter not as
per the requirement. There is no BIT­B1 in Nashik Division yet the
appointment letter reflect the same.

Considering the nature of
offence detail investigation is required as contended by the
investigating officer with respect to investigation and recovery from
where forged appointment letter was obtained, where it was printed,
who has signed and where the seal was obtained. Forged
appointment letter has been prepared. Offence is serious. Detail
interrogation is necessary. Nothing has been brought to reflect that
applicant has been falsely implicated in the crime.

All these factors
reflect the involvement of the applicant for which custody is
essential. Thus, considering the nature of allegations, prima­facie
case is not made out by applicant for grant of pre­arrest bail. Hence, I
pass the following order :­
ORDER
Application is hereby rejected.

Nashik.
Date : 06/08/2022.

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