Bombay High Court
Dhananjay Vithal Gawade vs The State Of Maharashtra on 7 January, 2021
Bench: S. K. Shinde
Rane 1/37 ABA(ST)-4917-2020 & group matters
7.1.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION (ST.) NO. 4917 OF 2020
ALONGWITH
ANTICIPATORY BAIL APPLICATION (ST.) NO. 4931 OF 2020
ALONGWITH
ANTICIPATORY BAIL APPLICATION (ST.) NO. 4932 OF 2020
ALONGWITH
ANTICIPATORY BAIL APPLICATION (ST.) NO. 4933 OF 2020
ALONGWITH
ANTICIPATORY BAIL APPLICATION (ST.) NO. 4934 OF 2020
ALONGWITH
WRIT PETITION (ST.) NO. 2667 OF 2020
ALONGWITH
ANTICIPATORY BAIL APPLICATION NO. 465 OF 2020
ALONGWITH
ANTICIPATORY BAIL APPLICATION NO. 466 OF 2020
ALONGWITH
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ANTICIPATORY BAIL APPLICATION NO. 467 OF 2020
ALONGWITH
ANTICIPATORY BAIL APPLICATION NO. 481 OF 2020
Dhananjay Vitthal Gawade
Age : 45 years, Occ: Social Worker
Residing at A/304, Sai Vandan,
Narayan Nagar, Tulinj Road,
Nalasopara (E), Tal. Vasai,
District-Palghar-401 209. ....Applicant
V.s.
The State of Maharashtra
Through Superintendent of Police
Crime Investigation Department,
6th Floor, Konkan Bhavan Building
CBD Belapur, Navi Mumbai-400 614. ....Respondent
*****
Mr. Shekhar Jagtap a/w. Ms. Sairuchita Chowdhary
i/by. J. Shekhar & Co., Advocate for the applicant in
all matters.
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Mr. Atul Damle, Senior Counsel i/by. Mr. Vinay Shukla,
Advocate for the applicant in ABA-466-2020.
Mrs. Prajakta Shinde, APP for State in all matters.
P.I. Mr. Subhan Shaikh, Mr. Nanaware, Mr. Sonawane
and Mr. Chirlekar, from State CID present.
CORAM : SANDEEP K. SHINDE, J.
RESD. ON : 22nd December, 2020.
PRON. ON : 7th January, 2021.
JUDGMENT :
1. The allegations in the nine FIRs registered
against the applicant are similar to the effect that the
applicant extorted money from the builders-complainants
therein. The FIRs relate to the incident from 2015 to 2018.
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Complainants allege that, they were threatened by the
applicant to demolish the buildings which were not in
accordance with the planning guidelines or else to meet his
illegal demands. It is alleged, the applicant, a sitting
Corporator of Vasai-Virar Municipal Corporation sought
information about different projects under the Right to
Information Act and further alleged that the builders were
threatened by taking recourse to the said information. It
is prosecution's specific case that the applicant alongwith
his associates obtained information in more than 500 cases
under the Right to Information Act and misused the said
information for extorting money from those who have
been alleged of some breaches.
2. The learned Counsel for the applicant countered
the prosecution's case and contended that the applicant is
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7.1.2021
an RTI activist and in the year 2015, was elected as a
Corporator of Vasai Virar Municipal Corporation. That
during the period commencing from 31.03.2018 and
12.04.2018, ten crimes were registered against the
applicant on the allegation of extortion from the builders
and contractors. It is applicant's case that, he has been
falsely and maliciously arraigned as accused in the
multiple FIRs. It is argued that, the applicant being
'whistleblower' and exposed link between the high rank
officials of municipal Corporation and builder lobby by
filing Public Interest Litigations either himself or through
his associates seeking demolition of unauthorised
construction in the municipal area, police officials,
municipal officers and the builder lobby hatched a
conspiracy against the applicant by filing multiple FIRs in
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a span of a month. It is applicant's case that, since the
applicant had successfully stalled the rampant
unauthorized construction carried out in the Corporation
area, the high rank officials of the Corporation and
builders, as a counterblast engineered a conspiracy and
filed the FIRs against him. It is specific case of the
applicant that, those FIRS were lodged after the
Superintendent of Police held a press conference inviting
people at large to come forth and lodge complaints against
the applicant. It is therefore contended, appeal by the
Superintendent of Police, opened floodgates for false and
concocted FIRs against him with reference to the incidents
from 2015 to 2017.
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3. In support of the contention, the learned
Counsel for the applicant, has relied on orders passed by
this Court in various PILs filed by himself or through his
associates and other activists against the illegal
construction carried out in the area of the Municipal
Corporation. Submission is that, after orders were passed
in Public Interest Litigation, the buildings unauthorisedly
constructed, were ordered to be demolished which irked
the builder lobby and high rank officials of Municipal
Corporation. In short all the FIRS smacks malafides and
arbitrariness.
4. Before adverting to the contentions raised
by the Counsel and the prosecutor, it may be stated that
the applicant had filed 10 writ petitions before this Court
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seeking quashment of the First Information Reports,
registered against him by the builders, alleging extortion
by the applicant. The nine anticipatory bail applications
and one writ petition before me, are in connection with
the same FIRs of which the quashment was sought by the
petitioner. These writ petitions were heard and disposed
off by the Division Bench on 11.10.2018. It appears,
Division Bench, upon reading the FIRs and the report
submitted by the Superintendent of Police dated
9.10.2018, declined to quash the FIR in view of the serious
allegations levelled against the applicant, requiring
thorough investigation. Thus observed, "Looking to
gravity and seriousness of the allegations levelled against
the petitioner (applicant herein) and on taking into
consideration the contentions raised in the petition against
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the entire police machinery including the highest officer
i.e. Superintendent of police, FIRs against the petitioner
should be investigated by an independent and impartial
authority since allegations are levelled against the Superior
of Police himself".
5. Accordingly, vide order dated 11.10.2018,
those nine crimes registered under Sections 384, 504, 506
including tenth crime, C.R. No.55/2018 were transferred
from Tulinj and Virar Police Station and Anti-Extortion
Cell to the State CID.
6. Thus, it is to be stated that the Division
Bench declined to quash the FIR after noting that the
allegations being serious, requires investigation.
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7. Before I proceed to deal with the contentions
raised by the respective Counsel, it would not be out of
context, to state about the applicant's conduct. Material
on record shows, he was not available for investigation
since 31.03.2018 till 17.08.2020, which caused hinderance
to further the investigation. Thus, on 17.08.2020, when
this Court heard some of the applications, had observed in
para-2, that "applicant is a Corporator of Nalasopara in
Vasai Virar Municipal Corporation. If the Corporator has
been absconding for two years, it is a matter of serious
concern. Let the Investigating Officer file an Affidavit to
the effect that the applicant was absconding and not
available for investigation for the period of 31.03.2018 till
date".
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8. Pursuant, to this order, Deputy
Superintendent of Police, filed an affidavit on 19.08.2020
and in para-6 onwards, elaborately stated the steps taken
by the State to trace the whereabouts of the applicant.
They read as under :
"6(a) That the then Investigating Officer of Tulinj
Police Station as well as myself visited at the
residential address situated at A/304, Sai Vandan
Apartment, Tulinj, Nallasopara (East), as well as
office address situated at Apex Tower, Station Road,
Nallasopara (East) and also farm house situated at
Saywan Village, Virar on 1.04.2018, 3.04.2018,
20.08.2018, 24.09.2018, 20.12.2018, 24.05.2019,
6.06.2019, 14.06.2019, 06.08.2019, 25.09.2019,
15.10.2019, 05.11.2019, 20.12.2019, 18.01.2020,
however the present Applicant could not be found.
(b) That on 01.04.2018 the investigating
agency also searched the present Applicant/Accused
at his sister's house i.e. Smt. Jayashree Gawade,
situated at 1101, Sumit Enclave, Sant Dnyaneshwar
Road, Panchpakhadi, Thane as well as another
sister's residential address i.e. Smt. Rajashree
Shelke, situated at Girgaon, Mumbai on 30.05.2018,
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but the present Applicant/Accused could not be
traced.
(c) That in the month of May, 2018, a Team
consisting of Shri. Jadhav, Assistant Police
Inspector, attached to Manikpur Police Station,
alongwith other Police Staff of Manikpur Police
Station, visited the native place of present
Applicant/Accused at Village-Dhanore (Vikaswadi),
Dist: Pune, but the present Applicant/Accused could
not be found. On 20.02.2019, Police Inspector Nitin
Pati and Police Inspector, Khuperkar, both attached
to State CID, Konkan Bhavan, Navi Mumbai once
again visited at the above native pace of the present
Applicant/Accused but he could not be found.
(d) That on 03.05.2018, after getting secret
information from reliable source that the present
Applicant/Accused would come at Alandi for
attending one relative's marriage function, hence
Assistant Police Inspector Shri. Thakur, attached to
Safale Police Station and Police Sub Inspector Shri.
Vichare, attached to Local Crime Branch, Palghar
went at Alandi, but the present Applicant/Accused
could not be traced.
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(e) That on 04.04.2018, necessary
correspondence was also made with the Divisional
Passport Office, Kurla Complex, Videsh Bhavan
Building, Bandra, Mumbai in order to obtain
information about passport of the present Applicant/
Accused.
(f ) That on 19.05.2018, Police Naik Shri.
Kale and Police Constable, Shri. Galande, both
attached to Local Crime Branch, Palghar visited at
Ahmednagar in order to search the present
Applicant/Accused but he could not be traced.
(g) That investigating agency also tried to
search the present Applicant/Accused on the basis of
record available as well as other co-accused and
relatives and also on the basis of mobile number of
Applicant/Accused duly provided by witnesses and
after getting Call Details Record (C.D.R.) of the said
mobile, the investigating agency tried to contact him
over the said mobile phone of the present Applicant/
Accused but the same is found to be switched off.
(h) That report was submitted to the Learned
J.M.F.C. Vasai for issuing proclamation against the
present Applicant/Accused but the learned
Magistrate was pleased to pass Order that as warrant
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is not issued by this Court, hence question of
Proclamation does not arise vide Order dated
12.06.2018. I crave leave to refer to and rely upon
the said Order dated 12.06.2018 as and when
required by this Hon'ble Court.
(i) That on 16.02.2019, the correspondence
was also made with Air Companies i.e. (1)Go Air,
(2)Indigo, (3) Jagson, (4) Jet, (5) Mldr, (6) Spicejet
and (7)Indian Airlines for air travels of the present
Applicant/Accused could not be traced.
(j) That on 25.02.2019 necessary
correspondence was also made with the Deputy
Commissioner of Police, Special Branch-2, Mumbai
in order to trace the present Applicant/Accused.
(k) That on 25.06.2019, the investigating
agency visited at Vasai Virar Municipal Corporation
and made enquiries with other Corporators and
written enquiry with Municipal Authorities.
(l) That on 03.08.2019, correspondence was
also made with the DD/1, R.K. Puram, New Delhi-66
regarding review of regular LOCs on expiry of
retention period.
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(m) That on 06.02.2020, the investigating
agency also verified the social sites viz. Face Book,
WhatsApp, etc. but present Applicant/Accused could
not be traced."
9. Thus, in view of the averments in para-6 of the
Affidavit of the Deputy Superintendent of Police, State,
CID, I am satisfied that the applicant was deliberately
concealing himself to avoid service of summons, though,
he has not been technically declared as an "absconder".
10. Gist of the allegations in the FIR's against
the applicant, are as under :
WRIT PETITION NO. 2667-2020 CRIME NO. 55/2018
DATED 5.3.2018 UNDER SECTIONS 385, 387 OF
THE INDIAN PENAL CODE AND UNDER SECTION
3(25) OF THE INDIAN ARMS ACT :
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Complainant is Pramod Mukund Dalvi, builder-
cum-hotelier. He alleged, the applicant, taking recourse
to the information obtained under the Right to
Information Act, had extorted big money from the
builders in return for not revealing damaging
information concerning their construction. Therefore, a
complaint was filed by him in the I.T. Department.
Thereafter, on 15.12.2016, I.T. Department and local
crime Branch, raided the applicant's house where they
found cash, Rs.1,15,00,000/-. Simultaneously, house of
the C.A. of the applicant and of other friend was
searched and unaccounted property worth
Rs.1,75,00,000/-, besides cash of Rs.1,35,00,000/- and
gold weighing 6 kg was also found. It is alleged that, on
22.09.2017, applicant retaliated, sending two goons, who
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had threatened the applicant at the gun point but since
the applicant resisted their efforts, those two unknown
persons fleed the scene of offence. Herein, the
prosecution has recorded the statement of complainant's
driver and of a eye witness. Applicant was initially
granted pre-arrest bail by the learned Sessions Court,
Thane. Howeve, later, the interim protection was
recalled because the applciant was not co-operating in
the investigation and did not report the concerned police
station, as directed while granting pre-arrest protection
to him. Thus, aggrieved by the order passed by the
learned Sessions Court, inter-alia, recalling the interim
pre-arrest protection, applicant has preferred a Writ
Petition.
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CRIME NO. 330-2018 UNDER SECTION 384, 386
READ WITH SECTION 34 OF THE INDIAN PENAL
CODE AND SECTIONS 3 AND 25 OF THE INDIAN
ARMS ACT :
Complainant is Vandesh Ramakant Gurav. Co-
accused, Nitin Ajay Patil, Kalpesh Ramnath Rathod,
Vineet Pannalal Mishra, were arrested on 31.03.2018.
Complainant is a builder-developer. Co-accused, Nitin
Patil had filed a PIL in the High Court against the
Corporation seeking directions to demolish
unauthorized buildings constructed in the Corporation
area. It is alleged that, Nitin Patil is close associate of
the applicant. At the relevant time, the applicant was a
sitting Corporator. It is alleged, the applicant sent a
message through one, Vineet Mishra to the complainant
and demanded Rs.50,00,000/- for withdrawing the writ
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petition. Thus, he paid Rs.27,00,000/- to the applicant
and the co-accused. Further, it is alleged that, he was
forced to supply 8 tons of steel and 600 cement bags
which the complainant supplied by purchasing it from
Mahesh Bhai and Hasmukh Bhai & Co., Virar (West).
Prosecution in the course of investigation, collected the
invoice from Mahesh Bhai and Hasmukh Bhai & Co., a
delivery challan and a statement of driver who carried
the steel and cement bags at the place known as "Sai
Om", as required by the applicant.
CRIME NO. 331/2018 UNDER SECTIONS 384, 386,
506 READ WITH SECTION 34 OF THE INDIAN
PENAL CODE :
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. Complainant is Vivek Gajanand Chaudhary,
builder-developer. He alleged, the appliants and the co-
accused lodged a complaint in respect of the alleged
unauthorised seven floor buiding constructed by him.
Further alleged that, the applicant, taking recourse to
the information received under the Right to Information
Act in relation to the construction made by him,
demanded Rs.50,00,000/-; out of that he paid
Rs.30,00,000/-. In addition to this amount, the
applicant demanded one flat and accordingly an
agreement to sell was executed in favour of applicant's
sister, Jayashree Gawade on 18.1.2016 for the total
consideration of Rs.18,00,000/- Investigation shows,
applicant's sister had paid Rs.2,00,000/- only. When
this application was heard earlier, the applciant was
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called upon to place on record particulars of payment
made by him or his sister for purchasing the flat from the
complainant. However, till date, the applicant has not
complied with the order.
CRIME NO.381/2018 UNDER SECTIONS 384, 386
AND SECTIONS 3 AND 25 OF THE INDIAN ARMS
ACT :
. Complainant is Rajesh Madhukar Chowdhary,
builder-developer. Co-accused are, Ramesh More,
Shradha Dilip Jadhav, Uday Arun Jadhav, Ashokkumar
Tirtharaj Dubey. It is alleged, the applicant and the co-
accused extorted money around Rs.36,00,000/- from the
complainant to withdraw the complaints filed by them
with the Corporation in respect of the building
constructed by the complainant. It also appears that, at
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the instance of the complainant, offence has also been
registered against the Editor of local newspaper, "Dainik
Chaufer" under Section 384 of the Indian Penal Code.
In the course of investigation, statements of witnesses
have been recorded.
CRIME NO. 271/2018 :
. Complainant is a builder, developer. He also
alleged, person named, Ashok Kumar Dubey, member of
V.M. Mahila Foundation, had filed a complaint in the
office of Vasai Virar Municipal Corporation against the
alleged unauthorized building constructed by him and
demanded Rs.20,00,000/- for withdrawing the
complaint. He alleged, the applicant mediated and
settled the deal for Rs.10,00,000/-.
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CRIME NO. 348/2018 :
. Complainant is a builder, developer.
Complainant had received an information in relation to a
construction made by him on Survey No. 187. It is
alleged, the applicant had demanded Rs.25,00,000/-
from him in return to save his bungalow from demolition
and in April, 2016, he paid Rs.10,00,000/- at Radha
Krishna Hospital at Nalasopara to its Manager, as per
the instructions from the applicant.
CRIME NO. 348/2018 UNDER SECTON 384, 386,
506(II) OF THE INDIAN PENAL CODE :
. In this crime, Assistant Commissioner of
Corporation is accused. It is alleged, the applicant had
filed a complaint in relation to the unauthorised
construction of bungalow. Complainant, therefore met
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Premsingh Namdev Jadhav, (Assistant Commissioner),
who told the applicant to settle the issue with the
applicant. Thus, alleged, he paid Rs.15,00,000/- to the
applicant at Radha Krishna Hotel and Rs.3,50,000/- to
Premsingh Namdev Jadhav, Assistant Commissioner to
avoid action under the Maharashtra Regional Town
Planning Act.
CRIME NO.430/2018 UNDER SECTION 384, 386, 504
OF THE INDIAN PENAL CODE :
Complainant is builder and Corporator. It is
alleged, the Complainant had floated Nana-Nani Park
Project at Virar. It appears, the complainant sought
information about the project and taking recourse to it,
demanded Rs.50,00,000/- from the complainant in
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return to save the project from action under the
Maharashtra Regional Town Planning Act. It is alleged,
the complainant paid Rs.10,00,000/- to one, Naresh
Kapadia, co-accused at the instance of the applicant.
CRIME NO. 386/2018 UNDER SEDCTIONS 384, 386
OF THE INDIAN PENAL CODE against Shashi
Hanmant Karpe and Arun Suryanath Singh and Kalpesh
Ramesh Rathod :
The allegations are the same, that of extorting
the money from the complaiant in return to save
construction from coercive action/demolition.
Complainant paid Rs.10,00,000/- to the applicant
through the Manager of Radha Krishna Hotel. Evidence
shows, complainant had borrowed money from his two
friends, who had, at the request of the complainant,
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withdrew their money from the bank accounts and
handed over to the complainant. Bank statements and
statements of witness, corroborates the complainant's
allegations.
CRIME NO.446-2018- UNDER SECTION 384, 386, CO-
ACCUSED, Shashi Hanmant Kapre :
Complainant is real estate agent. It is alleged
that, he paid Rs.10,00,000/- to Shashi Karpe as extortion
money in return for not damaging/pulling down his
building at the instance of the applicant and to withdraw
the allegations in the PIL and further paid
Rs.15,00,000/- to the applicant in his office during
January, 2016 to April, 2016.
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11. Learned Counsel for the applicant,
contradicted the allegations and submitted, that the
applicant being a 'whistleblower' and raised voice
against the rampant unauthorised construction came up
in the Corporation area with the blessings of high rank
officials, builders, hoteliers and the police officers, they
all conspired to implicate the accused in false complaints.
It is thus contended that, the Superintendent of Police
issued a Circular in May, 2017 and appealed the public
at large to come forward and lodge complaints in relation
to unauthorised constructions. Counsel for the applicant,
has invited my attention to a Circular dated 24.05.2017.
I have perused it. This Circular makes reference to
unauthorised buildings constructed and the flats therein
were sold on forged title documents or fake
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commencement certificate or without requisite
permissions from the local authority. Therefore, the
concerned Police Stations were directed to register the
offence, if lodged by a flat purchaser, subject to the
directions of the Hon'ble Apex Court issued in the case of
Lalita Kumari. In the last para of the said Circular, the
Superintendent of Police, Palghar informed the
concerned incharge of the Police Stations that, offences
under Sections 420, 465, 467, 468, 469, 470, 471 of the
Indian Penal Code and under the Maharashtra Regional
Town Planning Act, may be registered but only after
permission or in consultation with the office of the Police
Superintendent, Palghar. The applicant herein has
challenged the said Circular by filing Writ Petition No.
4772/2017, which is pending before this Court. The
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contention of the Counsel for the applicant is that, after
issuing this Circular, the subject ten FIRs were
registered against him. I am unable to comprehend
Counsel's submissions, as to how this Circular had
prompted complainants to file the FIR's against him and
how this Circular comes to applicant's rescue, to contend
that reports were lodged at the behest of Superintendent
of Police. Be that as it may, after reading the FIRs, gist
of which I have reproduced hereinabove, on its primary
evaluation, I am of the view that the accusations against
the applicant are serious and some of the offences like
Section 386 i.e. extortion by putting the person in fear of
death or grevious hurt are punishable with
imprisonment for a term which may extend to ten years
and fine. No doubt that, co-accused Patil, an associate
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of the applicant, has filed PIL in this Court against the
unauthorised buildings constructed in the Corporation
area, and further this Court, time and again, issued
directions to demolish the buildings. However, a fact
cannot be ignored, there is tangible material on record,
which on it's first evaluation suggest that, information in
relation to the construction of the building, sought under
the Right to Information Act was allegedly used against
the errant/offending builders to extort the money from
them. It is so understood from the allegations. In other
words, the applicant being a City Corporator and as it
appears, not only he abused the Right to Information
Act for his personal gains, but also breached the trust of
the citizens who elected him their representative on local
Municipal Authority. No doubt, the complainants in all
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FIRs, are equally responsible for this sorry state of
affairs, in as much as, their own complaint suggest that,
they constructed the building not in tune with the
planning and development control rules. However, it
may be stated only when complainants apprehended
demolition of unauthorised buildings constructed by
them, in return for not revealing information concerning
their buildings, they paid money to complainant. The
evidence also discloses the complicity of the Officers of
the Corporation either by extending the protection to
unauthorised construction, or turning nelson's eye to it.
Not only officers of the Corporation, but also editors of
local newspapers exploited the situation to gain out of it.
Some of the complainants have also lodged the
complaints against the Editors of the local newspapers
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who had threatened the builders to disclose the
particulars of unauthorised construction and the
unauthorised building constructed by them in the
corporation area and in return for not revealing it,
demanded money. Therefore, though the contention of
the applicant that, being a 'whistleblower' and stood
against the corrupt system, which was protecting the
unauthorised construction he has been falsely
implicated, is impressive, but the complaints against
him and on its primary evaluation and such other
material collected in the course of investigation, suggest
his complicity in the commission of cognizable offence of
serious nature.
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12. So far as conduct of the applicant is
concerned, Affidavit of the Deputy Superintendent of
Police sworn on 19.08.2020, sufficiently indicates, that
the applicant was deliberately concealing himself from
the process of law since the date when the offences were
registered till December, 2020. Learned Counsel
countered the submissions of the prosecution and
contended that, applicant's statements were recorded by
the Investigating Officer on 15th and 16th December, 2020
and therefore, he is neither concealing himself nor
declared absconder. However, I do not see any reason to
disbelieve or dispute the Affidavit of the Deputy
Superintendent of Police. Yet, I have perused the
statements recorded in December, 2020. No doubt,
applicant has marked his presence in the office of the
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Investigating Officer but only after he was granted
interim protection by this Court. Factually speaking, he
was not available for investigation, since registration of
the offences, till December, 2020. Therefore, prima-facie,
he is accountable for his conduct.
13. Learned Cousnel for the applicant has
invited my attention to Writ Petitions filed by him, but
these petitions are of no assistance to the applicant at
this stage and in these proceedings. At the most, writ
petitions filed by the applicant indicates that, he is
'whistleblower' and seeking to espouse a public-cause,
which itself, is not a ground to grant him pre-arrest
protection, particularly when, allegations of extortion
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were made against the Municipal Councilor. As well, his
conduct cannot be overlooked.
14. Besides, it may be noted that, during the
period of demonetization of government currency notes
of Rs.500/- and Rs.1,000/- denomination, Crime Branch,
Vasai Unit in joint operation with the staff of the Income
Tax Department of Thane, intercepted a Polo Car and
accosted two persons' one Dhananjay Gawade
(applicant) and, another Shregal. The search of the
vehicle resulted in recovery of Rs.1,11,15,500/- (Rs.47
lacs in new currency of Rs.2,000/- denomination and
Rs.64,15,500/- in old currency). During the search
proceedings at residence of the applicant, total cash of
Rs.1,65,410/- was found, out of which, Rs.1,52,000/-
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7.1.2021
was in new notes. Resultantly, offence under Section
120-B, 409, 420 of Indian Penal Code and 13(2) read
with Section 13(1)(a), has been registered against him.
It may be stated, applicant is seeking quashment of this
crime in Writ Petition No. 4995/2017, pending in this
Court. Learned Counsel has relied on the judgments of
the Hon'ble Apex Court in the case of Siddharam
Satlingappa Mhetre V/s. The State of
Maharashtra, reported in (2011) 1, SCC 694 and
Arnab Goswami, 2020 SCC Online SC 964, in
support of his contention. However, in my view, the law
laid down in the aforesaid two judgments is of no
assistance to the applicant. Be, noted that the
contentions raised by the applicant while denying the
allegations, may be his defence, available to him, at the
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7.1.2021
appropriate stage and in the appropriate proceedings,
but certainly not, in anticipatory bail proceedings.
Powers under Section 438 being discretionary are to be
exercised in the light of the circumstances of each case
after evaluating the material. In the case in hand, the
material clearly suggests and points out his complicity
in the offences alleged against him which are serious in
nature. Therefore, in my view, custodial interrogation of
the applicant is necessary.
15. The Writ Petition and applications are
dismissed and rejected accordingly.
16. In consideration of the facts of the case and
reasons stated, request for continuing the interim
protection is declined and rejected accordingly.
Digitally
signed by
Neeta Neeta S.
Sawant
S.
Sawant
Date:
2021.01.07
(SANDEEP K. SHINDE, J.)
15:49:20
+0530
