Gajanan Bhagwan Pawar Vs the State of Maharashtra

The Applicant has approached this Court, seeking anticipatory bail in connection with Crime No.199/2025 registered with Deoni Police Station, District Latur for the offences punishable under Sections 420, 468, 471 read with 34 the Indian Penal Code.

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The case of the prosecution is that, on 14.06.2025, the informant filed a complaint with Deoni Police Station, stating that he has been serving with ICICI Lombard Insurance Company for the last two years as an Advisor. On 23.03.2024, an accident occurred at Helamb, Taluka Deoni, District Latur, in which one Anant Gopalrao Salunke died. Consequently, his legal heirs filed a claim petition before the MACT, Nilanga, wherein the informant’s company was

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made a party respondent. The vehicle involved in the accident was Truck No. GJ-03-BY-9861, and Crime No.114/2024 was registered at Deoni Police Station for offences punishable under Sections 304-B and 279 of the Indian Penal Code. A charge-sheet was thereafter filed before the learned Court. However, when the Applicant received the charge-sheet, the truck number was mentioned as GJ-03-HE-4504. It was alleged that, at the time of release of his truck, the Applicant furnished the policy number of the informant’s company, Policy No. 3008/A/303138820/00/B00, which was also reflected in the chargesheet. Upon verification in the company’s records, it was found that the said policy number was not issued to Truck No. GJ-03-HE-4504, but was allotted to Truck No. GJ-03-BY-9861. It is further alleged that the present Applicant/accused did not intimate the Insurance Company about the transfer of the truck and forged the insurance policy by inserting Truck No. GJ-03-HE-4504 against Policy No. 3008/A/303138820/00/B00. As per the insurance records, the said policy number was allotted only to Truck No. GJ-03-BY-9861. It is also alleged that present Applicant/accused has not intimated the Insurance Company about transfer of truck and forged the insurance policy by inserting truck No. GJ-03-HE-4504 with Policy No. 3008/A/303138820/00/B00. As per insurance record, said Insurance Policy No. 3008/A/303138820/00/B00 was allotted to Truck No. GJ-03-BY-9861. However, the present accused/Applicant during investigation of Crime No.114/2024 was registered with Deoni Police Station has produced Insurance Policy cover note of policy No.3008/A/303138820/00/B00 showing that, same was issued to

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Truck No. GJ-03-HE-4504, owned by accused/Applicant. It is also alleged that, Truck No. GJ-03-HE-4504 was involved in accident, for which claim petition was filed before Motor Accident Claim Tribunal Nilanga. On an allegation of the above mentioned, the FIR bearing its Crime No.199/2025 dated 14.06.2025.

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The learned Counsel for the Applicant submits that the vehicle met with an accident on 23.03.2024 thereby resulting into death of one Angat Salunke. The wife of deceased Angat i.e. Meena had filed the FIR being FIR No.114/2024 on 23.03.2024 registered with Deoni Police Station, Latur for the offence punishable under Section 304 read with Section 279 of the IPC. The number of the vehicle i.e. GJ-03-HE-4504 was specifically mentioned in the FIR to have caused that accident resulting into the death of the complainant. Thus a claim petition was also filed before the MACT by the wife of the deceased. The FIR is filed by the complainant working with ICICI Lombard, thereby objecting to the issuance of policy in the change number of the vehicle. It is alleged in the FIR that the vehicle was insured under registration No. GJ-03-BY-9861, the old number. However, with an intention to show false insurance, the Applicant deliberately changed the registration number of the vehicle to GJ-03HE-4504 in the insurance policy documents issued in the year 2024. Thus on such allegations, an offence for cheating and forgery is registered against the Applicant.

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The learned Counsel for the Applicant further submits that

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the Applicant has purchased the vehicle in the year 2023 from one Mr. Virda Ramesh Vajubhai from the State of Gujarat, having old no. GJ-03-BY-9861 as it was a private vehicle. After purchasing the same, the Applicant has complied with the procedures of converting the vehicle from private vehicle to commercial vehicle and thereafter obtained the registration number of the vehicle as GJ-03-HE-4504. The Applicant has also annexed documents issued by the State Transport Department Rajkot sowing the change in the registration number of the vehicle and the name of transferee i.e. Applicant as Gajanan Pawar and new registration number as GJ-03-HE-4504. The smart card issued by the Government of Gujarat showing the old registration number in the name of old purchaser i.e. Virda Vajubhai is also annexed. The documents of policy also show that the vehicle was insured in the year 2023 by Gajanan Pawar before change of registration number as GJ-03-BY-9861 in the year 2023. However the vehicle was thereafter registered in the year 2024 in the changed registration no. GJ-03-HE-4504. Thus there is no cheating or forgery committed by the Applicant. As the Applicant does not have any criminal antecedents and is engaged in running his borewell business, he may be protected.

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As against this, the learned APP vehemently opposes the present application on the ground that the Applicant has falsely claimed insurance of the present vehicle. The documents show that the earlier vehicle was insured in the registration no. GJ-03-BY-9861 in the year 2023, however without information to the concerned

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office of the Insurer, the Applicant has changed the registration number of the vehicle to GJ-03-HE-4504. At the time of accident,the policy document was submitted by the Applicant in the changed registration number i.e. GJ-03-HE-4504.When the Insurance Officer has inquired about issuance of such policy documents, it was revealed that the policy was issued on the vehicle no. GJ-03-BY-9861 and not on the vehicle no. GJ-03-HE-4504. Hence the custodial interrogation of the Applicant is necessary to investigate the crime.

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I have gone through the investigation papers and the documents annexed to the present application. It could be seen that the RTO Rajkot, Gujarat and the RTO office Nanded Maharashtra have specifically affirmed the claim of the Applicant that the vehicle was legally re-registered as GJ-03-HE-4504 in the name of the Applicant showing the Applicant as the Transferee i.e. Gajanan. The smart card is also annexed to the application to show that the erstwhile owner, Virda Vajubhai, was the owner of the same vehicle, which earlier bore registration No. GJ-03-BY-9861. The vehicle was insured by the Applicant in thE year 2023 in the old registration number and the same was renewed in the year 2024 in the new registration number. It is submitted by the learned Counsel for the Applicant that the FIR is deliberately filed by the ICICI Lombard only to save their responsibility of paying compensation in the case filed by Meena Angat Salunke for insurance claim for the death of her husband before the Motor Accident Claim Tribunal. Thus looking to the documents made available for perusal of this Court, the false

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implication of the Applicant by the Insurance Company to save the claim cannot be ruled out. Thus, no material is brought on record to show any cheating or forgery at the behest of the Applicant however these observations are made prima facie in nature and may not affects any other proceedings before any other Court. Hence the following order :

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ORDER

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( i ) In the event of arrest of the Applicant - Gajanan Bhagwan Pawar in connection with Crime No.199/2025 registered with Deoni Police Station, District Latur for the offences punishable under Sections 420, 468, 471 read with 34 the Indian Penal Code, he be released on bail on furnishing P.R. bond of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties in the like amount, on the following conditions :

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(a) The Applicant shall attend the Deoni Police Station, District Latur as and when called by the Investigating Officer, till the filing of the charge-sheet.

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(b) The Applicant shall not tamper with the prosecution evidence and shall not influence the witnesses.

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(c) The Applicant shall submit his Aadhar and PAN Cards to the Investigating Officer and detailed addresses and phone numbers of himself and two of the near relatives.

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(d) A single violation of the conditions would entitle the prosecution to seek cancellation of the bail.

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( ii ) The application is allowed in the above terms and stands

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disposed of.

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MEHROZ K. PATHAN JUDGE

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NAJEEB..

Gajanan Bhagwan Pawar v. the State of Maharashtra

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Gajanan Bhagwan Pawar v. the State of Maharashtra

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