Advocates:
['RAJU KADU', '', 'DATTA G DHOBLE', 'APP']

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3aba 352.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR

CRIMINAL ANTICIPATORY BAIL APPLICATION (ABA) NO.352 OF 2021

Baban S/o Sudma Devkate

Vs.

State of Maharashtra

Office Notes, Office

Memoranda of Coram,

Appearances, court’s

orders or directions and

Registrar’s orders

Court’s or Judge’s orders

Ms. S.J. Waldekar, counsel h/f Mr. D. G. Dhoble, learned counsel

for the applicant.

Ms T. Udeshi, learned APP for the non-applicant/State.

CORAM :ROHIT B. DEO, J.

DATE : 25^th

June, 2021

Hearing was conducted through video

conferencing and the learned counsel agreed that the

audio and visual quality was proper.

2.

The applicant is seeking pre-arrest protection

in Crime 28/2021 registered with Police Station, Arvi

District Wardha under Section 420 read with Section 34

of the Indian Penal Code, which crime is registered on the

basis of report dated 11.01.2021 lodged by Dilip Shamrao

Potfode.

3.

The applicant approach this Court in Criminal

Application (ABA) 109 of 2021 seeking pre-arrest

protection.

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3aba 352.21.odt

4.

This Court declined to grant pre-arrest

protection vide order dated 03.03.2021 holding that the

accusations are grave inasmuch as the applicant

fraudulently induced the informant to part with

substantial amount by falsely representing this his sister-

in-law Archana shall be selected in Government Service.

This Court further noted that there is ample evidence on

the record to prima-facie link the applicant with the crime

and the applicant appears to be the mastermind and keen

pin of the racket.

Paragraph 6, 7, 8 and 9 of the order dated

03.03.2021 read thus:-

“6.

Be that as it may, there is more than

ample evidence on record to prima facie link the

applicant with the crime. While it would not only

be unnecessary, it may be inappropriate, to

minutely discuss the material on record,

particularly, since the investigation is ongoing, it

may be noted that the material indicates that

applicant Babanrao adopted similar modus

operandi and extracted various amounts from

persons other than Archana. The Investigating

Agency will have to be given an opportunity to

arrest and custodially interrogate applicant

Babanrao.

7.

While the co-accused Vaibhav, who is

the son of Babanrao, is arrested and the amount is

deposited in Vaibhav’s account, it is crystal clear, at

least prima facie, that the mastermind of the crime

is the applicant. It is the applicant, who allegedly

flaunted his connections with politicians and the

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3aba 352.21.odt

then Hon’ble Minister. The Statement of the

witnesses is that applicant Babanrao represented

that he is working as the personal assistant of the

Hon’ble Minister and would be in a position to

influence the selection process for the post of

Women and Child Development Officer.

8.

Statement of witnesses are recorded,

who vouch for the fact that in their presence, the

applicant Baban Devkate assured Archana that in

consideration of payment of Rs.6 Lacs, Babanrao

would ensure that she is appointed as Women and

Child Development Officer. The witnesses further

state, that applicant Babanrao gave Archana to

understand that normally he charges Rs.10 Lacs for

rendering such favour, and since Archana belongs

to the same caste, she would be charged the

concessional rate of Rs.6 Lacs.

9.

In my considered view, no discretion

can be exercised in favour of the applicant. In

recent times, such crimes which exploit the

emotional, social and economic aspiration of the

unemployed and defraud them of substantial

amount under the pretext of ensuring jobs, is on the

rise. Moreover, in the present matter, applicant

Babanrao appears to be operating a racket and it

would only be custodial interrogation which would

unravel the various facets of the mo