In the high court of judicature at bombay criminal appellate jurisdiction

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

ANTICIPATORY BAIL APPLICATION NO. OF 2019

DISTRICT: PUNE

Application u/s. 438 of Cr. P. C. seeking anticipatory bail in respect of Crime Register No. 315 of 2018 registered with Wanawadi Police Station, District- Pune U/s.420 r/w. 34 of Indian Penal Code

Shri. Nitin Dattatraya Tilekar

Age - 45 years. Occ - Business,

R/at – Row House No. 8,

Shree Laxmi Vihar Society,

S. No. 163, Hadapsar, Pune-411 028 ..Applicant

V E R S U S
The State of Maharashtra,

Through Wanawadi Police Station,

District-Pune. … Respondent

TO,

THE HONOURABLE CHIEF JUSTICE AND OTHER HONORABLE PUISNE JUDGE OF THIS HONOURABLE HIGH COURT

HUMBLE APPLICATION OF

THE APPLICANT ABOVENAMED

MOST RESPECTFULLY SHEWETH:

1. The Applicant is approaching this Hon’ble High Court by way of this Criminal application praying that he may be granted anticipatory bail in respect of Crime Register No.315 of 2018 registered with Wanawadi Police Station, District- Pune for the offences punishable under Sections 420 r/w. 34 of Indian Penal Code on such terms and conditions as this Hon’ble Court thinks fit.

2. Few facts leading to the present Criminal Application are as follows;

i] The Applicant is permanent resident of the abovementioned address. The informant on 21.08.2018 lodged F.I.R with Wanawadi Police Station, District- Pune for offences punishable under U/s.420 r/w. 34 of Indian Penal Code, against the Applicant. The Applicant submits that one Shri Sheldon Josef, Branch Manager, Citizen Credit Co-operative Bank, Branch-Fatimanagar, Pune filed FIR with the Wanawadi Police station on 21-08-2018 at 04.24 p.m. and alleged that the Applicant had mortgaged the property bearing Row House No. 8, Shree Laxmi Vihar Society, S. No. 163, Hadapsar, Pune-411 028 with Tata Capital Finance Co. Ltd. for an amount of Rs. 68,00,000/-. The applicant had, thereafter, approached the Citizen Credit Co-op. Bank Ltd. Fatimanagar branch, Pune, requested to transfer the pending loan on the said property and lend more loan by mortgaging the said property. The Applicant submits that it was further alleged that on the basis of the Search Report and Valuation report, the loan proposal was approved and the amount of loan of Rs. 90,00,000/- came to be sanctioned for disbursement. It is alleged that the EMI of the said loan of Rs. 90,00,000/- was Rs. 1,41,000/- and The Applicant had paid an amount of Rs. 5,60,000/- till January 2016 and thereafter, the applicant had paid an amount of Rs. 5,00,000/- on 19/07/2016. It was alleged that the subordinate of applicant Mr. Gawade Devidas Kisan had informed to the bank manager of Citizen credit co-op. Bank Ltd. that, the applicant had already mortgaged the said row house with Mahesh Nagari Sahakari Patasanstha, Sukhsagarnagar, Katraj, Pune for Rs. 1,25,00,000/- along with another two other properties. It was alleged that The said fact was verified by the informant and accordingly the Complainant came to be lodged against the Applicant in Wanawadi Police Station on 21/08/2018. Hereto annexed and marked as EXHIBIT – ‘A’ is the copy of the F.I.R. dated 21.08.2018 in Crime Register No.315 of 2018.

ii] The Applicant thereafter approached the learned Additional Sessions Judge, Pune seeking anticipatory bail, however, the same came to be rejected vide Judgment and Order dated 09-09-2019 passed in Anticipatory Bail Application No. 4217 of 2019. The Applicant submits that the copy of the order dated 09-09-2019 is not yet made available and the same shall be produced by the Applicant, as and when it is made available. Hereto annexed and marked as EXHIBIT – ‘B’ is the copy of the said application filed by the Applicant.
3. Being aggrieved and dissatisfied by the abovementioned order, the Applicant is approaching this Hon’ble High Court by way of this Criminal Application praying that they may be granted anticipatory bail in respect of Crime Register No.315 of 2018 under Sections 420 r/w. 34 of Indian Penal Code registered with Wanawadi Police Station, District- Pune on following amongst other grounds which are without prejudice to each other.

G R O U N D S

I] The Applicant state that no prime facie case is made out against the present Applicant for alleged offences and therefore the present Applicant is entitled for anticipatory bail.

II] The Applicant is innocent and has not committed any crime and they have been falsely implicated in the said crime.

III] The Applicant submit that from bear perusal of the FIR logged by the Complainant makes it clear that no offence is made out as against the Applicant for alleged offences punishable under Sections 420 r/w. 34 of Indian Penal Code.

IV] The Applicant submits that, no role is attributed to the Applicant on account of which it can be said that the offence is made out as against the Applicant for alleged offences punishable under Sections 420 r/w. 34 of Indian Penal Code.

V] The Applicant submits that, the allegation against the present Applicant is concocted, false and improbable, inasmuch as, the Applicant has not committed the offence as alleged by the prosecution.

VI] The Applicant submits that there is no evidence against The Applicant and they have been falsely implicated and have been made scapegoat.

VII] That the Applicant willing to co-operate with the investigating agency to unearth the actual cause of the case and the culprits, if any.

VIII] That the Applicant is the permanent resident of the address mentioned in the cause title and hence, the Applicant is not likely to abscond.

IX] That the Applicant will furnish surety as per the directions of this Hon’ble Court.

X] That the Applicant will abide by all the terms and conditions imposed by this Hon’ble Court.
4. The Applicant craves leave to add, alter, and delete any of the foregoing paragraphs if and when necessary.
5. The Applicant stays that there is no other application for bail filed by the Applicant is pending in this Hon’ble High Court or the Hon’ble Supreme Court of India.

6. The Applicants therefore pray that;

a] The Applicant be kindly granted anticipatory bail in respect of Crime Register No.315 of 2018 registered with Wanawadi Police Station, District- Pune.

b] The Applicant be kindly enlarged on bail in respect of Crime Register No.315 of 2018 registered with Wanawadi Police Station, District- Pune in the event of his arrest.

c] Interim and ad-interim reliefs in terms of prayer clause [b] be granted.

d] Any other just and proper relief in the circumstances be granted.

AND FOR THIS ACT OF KINDNESS, THE APPLICANT SHALL AS IN DUTY BOUND EVER PRAY

Bombay

Date: Advocate for the Applicant

VERIFICATION

I, Nitin Dattatraya Tilekar, the Applicant, do hereby state on solemn affirmation that whatever stated in the foregoing paragraphs Nos. 1 to 5 are the facts which are true and correct to my own knowledge and belief and contents of paragraph No. 6 contains my humble prayers, which I believe the same to be true and correct to the best of my knowledge.
SOLEMNLY AFFIRMED AT mumbai]

THIS 13^TH DAY OF September, 2019] deponent
IDENTIFIED by me Before me
[VIJAY KILLEDAR]

Advocate FOR the APPLICANT