Anticipatory bail application rejected. Court held alibi unsubstantiated due to tampered attendance record, offence serious, recovery pending, and charge-sheet filing insufficient for bail.
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aba389.23.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
ANTICIPATORY BAIL APPLICATION NO. 389 OF 2023
Harish @ Harishchandra s/o Baburao Rathod
Applicant
Versus
The State of Maharashtra & another
Respondents
Mr. G. S. Shete, Advocate for the applicant. Mrs. G. L. Deshpande, APP for the State.
CORAM : R. M. JOSHI, J. DATE : 16th OCTOBER, 2023.
ORDER
aba389.23.odt
impressed upon the informant and his family members that they had done such work on numerous occasions and that there are vacancies available in health department. They called upon informant to shell out Rs. 8,50,000/- for that purpose. It was agreed by informant and Kiran to make such payment as they thought that they would get government job. On the same day, sum of Rs.4,00,000/- each was paid by them to the accused persons. Thereafter accused persons told them that the letter of appointment would reach them in four days and that they are required to make payment of the remaining amount. The said amount was paid at Mumbai. However, even thereafter no appointment order was issued in favour of the informant and Kiran and hence report came to be fled.
aba389.23.odt
aba389.23.odt
informant had any enmity with the present applicant in order to falsely implicate him in this crime. The possibility of false implication therefore is prima facie ruled out. As far as defence of applicant about he being on duty on 4th August, 2017, is concerned, prima facie material placed on record creates serious doubt about his claim. The Medical Superintendent in his statement has categorically stated that there is tampering in the attendance register of the relevant date. Thus, the plea of alibi sought to be raised by the applicant is not substantiated at this stage. The nature of offence is serious and since recovery of money is yet to be done as claimed by learned APP, it is a ft case wherein custodial interrogation of the applicant is necessary. Merely because charge-sheet has been fled, applicant is not entitled for pre-arrest bail.
dyb
3 issues framed by the court
Whether the applicant is entitled to anticipatory bail granted on the basis of alibi and charge-sheet filing.
Whether the delay in lodging the First Information Report was intentional or bona fide.
Whether custodial interrogation is necessary for recovery of the amount involved.
1 provisions across 1 enactments
Harish @ Harishchandra s/o Baburao Rathod
The State of Maharashtra
R. M. JOSHI
As recorded by the court registry
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