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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

BAIL APPLICATION NO.313 OF 2021

Prakash Ganpati @ Ganpat Jagtap

= APPLICANT

VERSUS

The State of Maharashtra

= RESPONDENT/S

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Mr.Amit S.Savale,Advocate for Applicant/s;

Mr.AM Phule,APP for Respondent-State.

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CORAM : SMT.VIBHA KANKANWADI,J.

DATE : 8

^th

April, 2021.

PER COURT :-

1.

Applicant came to be arrested on 20-10-

2020 in connection with CR No.302 of 2020 by

Vimantal Police Station, Nanded, Dist. Nanded for

the offence punishable under section 420, 406, 467,

468, 471 r/w 34 of Indian Penal Code. Present

application has been filed under Section 439 of

Code of Criminal Procedure for bail.

2.

Heard learned Advocate Shri. A.S.Savale

for the applicant and learned APP Shri. A.M.Phule

for respondent-State.

3.

Learned Advocate for applicant has

submitted that perusal of First Information Report

lodged by one Vinod Keshavrao Thorat would show

that he was in search of job. He says that his

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friend Santosh Hankare told him that he knows

present applicant and one Pradeep Patil, who have

contacts with military personnel and they would do

the work of giving job in military for informant.

Informant then says that present applicant and

Pradeep Patil had gone to the house of informant

and told him that if he wants job, then he will

have to give amount. Informant says that he and his

two friends agreed to give money for the job.

Informant has alleged that he has given Rs.3 Lakhs,

his friends gave Rs.3 Lakhs and Rs.4 Lakhs

respectively to Pradeep Patil and not to this

applicant in March 2019. It is alleged further that

remaining amount of Rs.8 Lakhs of all the three

persons was deposited in the account of present

applicant on 13-05-2019. He also states that they

were given appointment letter bearing 16-05-2019

and they were asked to remain present at Patna in

Bihar for physical test. Excuses were given and

they were called at Jabalpur, Guwahati (Assam).

However, no actual appointment has been given. He

says that they have been cheated. Perusal of FIR

would certainly show that there is delay of more

than 18 months. The alleged transfer of amount is

in the account of one company by name Fibro Doors

Industries Ltd. There is no contract between the

company and the informant. There was no reason for

the applicant to accept such illegal money. Bail is

rule and jail is exception. Now the investigation

is over and charge-sheet is also filed. Under such

circumstance, further physical custody of the

applicant is not required. He is ready to abide by

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the terms of the bail. He has permanent place of

abode. He deserves to be released on bail.

4.

Learned APP submitted that there is ample

evidence against applicant. Applicant is prima

facie involved in the case. The informant has

specifically stated in his FIR that applicant was

introduced by Satish Hankare, who was the friend of

informant’s brother. He was knowing that informant

was in search of job. Satish had asked informant to

contact his friends who are in need of job.

Therefore, two friends of informant joined him.

Thereafter, Satish had brought applicant as well as

co-accused Pradeep Patil to the house of informant.

Representations were made by both of them and

believing them to be true, they had parted with

huge amount. Applicant himself has received Rs.8

Lakhs. It was electronically transmitted to the

account number told by applicant. Now he can not

take advantage of the fact that account is not in

his personal name. He has connection with that

account and the amount has been withdrawn.

Informant and his friends were called at various

places in the country and it was tried to be shown

that accused persons are doing their job. Even

appointment letter has been forged and given to

them. Under such circumstance, when there is

evidence against applicant, possibility of

commission of similar crime in future by him can

not be ruled out. Investigation is still pending.

Therefore, ap