1 Cri.Bail Application No.
3122/2023
Parvez Khan -vs- State of Maharashtra.
(CNR No.MHPU01-008768-2023)
ORDER BELOW EXH.01
(Passed on 30/05/2023)
The Applicant Parvez Dulha Khan, filed this
anticipatory bail application as per Section 438 of the Code of
Criminal Procedure. He submitted that, he is under
apprehension of arrest in Crime No.38/2023 registered at
Market Yard Police Station, for the offences under Sections 419,
420, 467, 468, 471 r/w 34 of Indian Penal Code. He submitted
that, he is innocent and falsely implicated in this case.
2. He further submitted that, name of Applicant is not
in F.I.R. or in other documents. No allegations that the
Applicant has signed the forged documents. Nothing is required
to be seized from Applicant. Applicant has no knowledge of the
alleged offence. He has not received any amount of alleged
incident. His custodial interrogation is not necessary.
3. On notice, Ld. A.P.P. appeared for Respondent/
Prosecution along-with say at Exh.05. The Prosecution has
strongly opposed the bail application. According to the
Prosecution, one Prakash Bharwani lodged compliant to police
station alleging that, the Accused persons including the
Applicant prepared false and bogus documents of the
Complainant, by using the same executed false sale deed by
showing that the bungalow of Complainant was sold to one
person Rajesh Khandelwal and on strength of that documents
obtained home loan from Axis Bank. The Prosecution
2 Cri.Bail Application No.3122/2023
Parvez Khan -vs- State of Maharashtra.
(CNR No.MHPU01-008768-2023)
submitted that, co-accused Suhas Kulkarni stated name of
present Applicant relating to attending their meeting before
committing the alleged offence. Also co-accused Suhas Kulkarni
stated that the present Applicant prepared bogus Aadhaar Card
by the name of the Complainant. Therefore, police required the
information from the Applicant as to where from Applicant has
prepared the bogus Aadhaar Card. Offence is of serious nature
relating to finance. Also it is submitted that, the Applicant is
habitual offender in other offences. Therefore, police required
arrest of the Applicant for further investigation.
4. Heard Ld. Counsel for the Applicant and Ld. A.P.P.
for the Prosecution. Perused police case diary papers produced
by the Prosecution. Ld. Counsel for Applicant filed written
notes of argument Exh.08 and I read it carefully. So far as past
alleged offence is concerned, the Applicant has produced copy
of order dated 26/04/2023 in Cri. Bail Application No.
2095/2023 passed by this Court in Crime No.163/2023
registered at Kondhwa Police Station for the similar offences
and the Applicant was released on bail in that crime on certain
conditions.
5. The Applicant has filed this anticipatory bail
application. Therefore, it is necessary to see the seriousness and
gravity of the accusations against the Applicant and need of
custodial interrogation of the Applicant for further investigation.
As per the prosecution case, the Applicant has prepared false
3 Cri.Bail Application No.3122/2023
Parvez Khan -vs- State of Maharashtra.
(CNR No.MHPU01-008768-2023)
and bogus documents and on that strength executed false sale
deed and the same is deposited in the bank for obtaining home
loan. Therefore, Applicant helped to other Accused for giving
finality to the crime. It shows that, the Applicant was allegedly
tried to obtain money from the bank by submitting all the
forged and bogus documents showing the transaction of sale of
the bungalow of the original Complainant. As per police case
diary, it shows that as per Complainant, the co-accused Milind
Bhusari contacted with the Complainant by saying that he will
help to sale the bungalow of Complainant and he took the
alleged documents of the Complainant.
6. So far as role of present Applicant is concerned, it is
the prosecution say as above that the co-accused Milind used to
come with one unknown person to the house of Complainant.
Also the prosecution say is thatm after the arrest co-accused
Milind gave information to the police against the present
Applicant. The police diary papers shows thatm the loan
amount was transferred from Axis Bank in the bank accountm
which is in the name of Prakash Bharwani by co-accused Suhas
Kulkarni. Then the said loan amount was transferred on account
of Milind Bhusari by showing the bank account name as S.M.
Construction and also transferred to the account of Vinod Patil.
7. Police already arrested the other accused Suhas
Kulkarni and as per F.I.R. the co-accused Milind Bhusari was
4 Cri.Bail Application No.3122/2023
Parvez Khan -vs- State of Maharashtra.
(CNR No.MHPU01-008768-2023)
used to come with one friend to the house of Complainant
during the period of above offence.
8. As as per prosecution say, during the period of
further investigation, police interrogated with the arrested
accused Suhas Kulkarni and he told the name of present
Applicant for the role that the present Applicant was with him
at the time of meeting of the alleged offence and also the
present Applicant has prepared the false Aadhaar Card of the
original Complainant Prakash Bharwani. Thereby it shows that,
the prosecution has credible information against the Applicant
to show the involvement in the alleged offence. The offence
under Section 467 of I.P.C. is punishable with imprisonment for
life or upto ten years. Therefore, preparing of forged Aadhaar
Card of the original Complainant by this Applicant is serious
offence, which is used for obtaining huge loan from the bank.
The custodial interrogation of the Applicant is therefore
necessary for further investigation. In such circumstances and
considering the seriousness and gravity of the role of the
present Applicant in the alleged crime, the Applicant is not
entitled for anticipatory bail. Hence, the following order.
ORDER
The Cri.Bail Application No.3122/2023 is hereby rejected.
Pune. (G.A. Ramteke)
Date : 30/05/2023 I/c. Addl.Sessions Judge, Pune.
5 Cri.Bail Application No.3122/2023
Parvez Khan -vs- State of Maharashtra.
(CNR No.MHPU01-008768-2023)
“I affirm that the contents of this P.D.F file Order are same word
for word as per original Order.
Name of the Steno : Smt. K.S.Tambe
Stenographer (Grade I)
Court Name : I/c. Addl. Sessions Judge, Pune.
Date : 30/05/2023
Order signed by presiding officer on : 31/05/2023
Order uploaded on : 31/05/2023.”
