Dismissed

Balaji Narayanrao Wankhede v. the State of Maharashtra and Another

Bombay HC11 Oct 2023ABA/1240/2023

Case brief

AI extract

What is this about?

This court dismissed an anticipatory bail application where the applicant faced charges of cheating and forgery for submitting fake experience certificates in a municipal tender. The court found prima facie evidence of document fabrication, necessitating custodial interrogation during investigation.

What did the court decide?

Application for anticipatory bail stands dismissed as it is not a fit case for its grant.

Balaji Narayanrao Wankhede Vs the State of Maharashtra… — Cheating and Forgery | Bombay HC (2023)

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945-ABA-1240-2023.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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ANTICIPATORY BAIL APPLICATION NO.1240 OF 2023

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BALAJI NARAYANRAO WANKHEDE
VERSUS

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THE STATE OF MAHARASHTRA AND ANOTHER

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...

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Advocate for Applicant : Mr. S. S. Deshmukh h/f
Mr. S. S. Londhe

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APP for Respondents: Mrs. G. L. Deshpande

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...

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CORAM:R.M. JOSHI, J

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DATE:OCTOBER 11, 2023

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PER COURT :

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1.Applicant apprehends arrest in connection with
with C.R. No. 403 of 2023 registered with Kalamnuri

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Police Station, Dist. Hingoli for the offences
punishable under Sections 420, 468, 471 of the Indian
Penal Code.

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2.First information report recorded by Engineer
attached to Municipal Council, Kalamnuri states that
Balaji Wankhede, owner of Soham Construction, has
submitted bogus documents while bidding tender for work
distribution of tap water. It is further stated that in
order to ascertain the correctness of the said

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document, 5 member committed was formed and the

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Page 1 of 6

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945-ABA-1240-2023.odt

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committee has come to the conclusion that the document
i.e., experience certificate of Municipal Council,
Kalamnuri was false and bogus. It is also alleged that
the record of Municipal Council does not show the entry
of the said certificate in its outward register. Thus,
there is allegation that by use of bogus signature and
stamp of Municipal Council experience certificate was
prepared, in order to fetch contract.

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3.Learned Counsel for the Applicant submits that
prima facie there is no substance in the allegations
made in the FIR in view of the fact that the experience
certificate submitted by the Applicant was duly
verified and confirmed by the Municipal Council by its
letter dated 07.02.2022. It is his contention that
since the local MLA has taken undue interest in the
said work and present FIR has been lodged against
Applicant at his instance to deny contract to
Applicant. It is his further submission that no offence
under Sections 420, 468 and 471 of IPC can be said to
have been made out against the Applicant, in view of
the facts appearing on record.

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4.Learned APP opposed the application by

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Page 2 of 6

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945-ABA-1240-2023.odt

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contending that not only experience certificate, which
was submitted at the time of tender is bogus, but even
confirmation letter dated 07.02.2022 is also false and
bogus. In order to support her submissions, she has
placed on record statements of witnesses which indicate
that neither experience certificate not certificate of
confirmation was ever issued from office of Municipal
Council, Kalamnuri. Original inward and outward
register for the relevant period is also placed before
the Court fot its perusal, which according to her
indicates that the letter/experience certificate
claimed by the Applicant does not form part of record
of Council. It is her further submission that in order
to get the contract from the Municipal Council,
Kalamnuri, Applicant has prepared false and fabricated
documents with the help of bogus stamp of Municipal
Council and hence, custodial interrogation of the
Applicant would be necessary to find out how the said
fabrication has been made.

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5.At the outset, it needs to be recorded that
there cannot be generalisation to say that if any MLA
makes some complaint, it must be politically or

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Page 3 of 6

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945-ABA-1240-2023.odt

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otherwise motivated. As a representative of people in
his constituency, it is expected that he keeps vigil on
the public work done therein. If substance is found in
any complaint made by such representative of people,
the same cannot be brushed aside by branding it as
motivated.

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6.There is no dispute about the fact that the
present Applicant was one of the bidder for the work of
contract of distribution of water by the Municipal
Council, Kalamnuri and Applicant along with tender has
submitted experience certificate issued by the
Municipal Council, Kalamnuri. Though from the minutes
of meeting dated 08.09.2022 it appears that there was
confirmation letter dated 07.02.2022 received from the

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Municipal Council confirming genuineness of the
experience certificate. Prosecution, however, disputes
very existence/issuance of experience certificate as
well as confirmation letter dated 07.02.2022.

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7.Prima facie perusal of the investigation

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papers indicate that there are statements of witnesses
who are employed with Municipal Council which indicate
that neither experience certificate was ever issued nor

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Page 4 of 6

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945-ABA-1240-2023.odt

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letter of confirmation of the said certificate was send
from the office on 07.02.2022. The said statements of
witnesses get support from the original outward
register for the relevant period. From the said
register as well as from the statements of witnesses,
it is clear that prima facie there is material in order
to accept the contention of the prosecution that no
experience certificate was issued by the Municipal
Council nor any confirmation thereof was given at any
point of time. This Court is unable to accept the
submission made by learned Counsel for Applicant that
the record could have been manipulated. At this stage,
it would not be open for this Court to hold so and
prima facie registers placed before this Court show
that they are maintained in ordinary business of
Council.

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8.If prima facie there is material to indicate
that the experience certificate as well as confirmation
letter was not issued by the Municipal Council, then
there is reason to believe that the experience
certificate as well as the said letter are fabricated
documents. On the face of it acts alleged to have been

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Page 5 of 6

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945-ABA-1240-2023.odt

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done by Applicant amounts to forgery and cheating as
necessary ingredients required to constitute these
offences are fulfilled. This Court finds substance in
the contention of learned APP that in order to
ascertain as to how the false certificate as well as
letter were prepared with the help of bogus stamps,
letter heads, etc, custodial interrogation of the
Applicant is necessary. There is no dispute about the
fact that the certificate in question was submitted by
the Applicant. Thus, at this stage, he cannot be
permitted to deny the responsibility of the said
documents.

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9.Considering the facts and circumstances and
also necessity of the custodial interrogation of
Applicant, this is not a fit case for grant of
anticipatory bail. Hence, application stands dismissed.

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Malani

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Balaji Narayanrao Wankhede v. the State of Maharashtra and Another

Case brief

What is this about?

What did the court decide?

Balaji Narayanrao Wankhede v. the State of Maharashtra and Another

Case brief

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What the court decided

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