1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL APPLICATION NO.4530 OF 2010 Nirmal Suhas Salvi @ Rajesh Shankar Jadhav ...Applicant. v. The State of Maharashtra ...Respondents. Mr. S.R.Ganbavale, adv. For the Applicant. Smt. G.P.Mulekar, APP For the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JANUARY 18, 2011. P.C. 1 Applicant, whose real name is Nirmal Suhas Salvi, was arrested in August, 2009 in Crime No.151 of 2009 under Sections 420, 467, 468, 471 r/w Section 34 of the I.P.C. registered at Deccan police station, Pune. 2 Prosecution case in brief is that one Nandkishor Bapu Thorat, the present applicant and one Asha conspired and applied for loan for purchase of a flat in the name of Haribhau Tukaram Dhamdhere from Laxmi Construction and Developers. Nandkishor Bapu Thorat applied for loan in the fake name “Haribhau Tukaram Dhamdhere”. The present applicant and Asha stood guarantors in the fake and assumed names of Rajesh Shankar Jadhav and Minakshi Borse. Housing Finance 2 Corporation sanctioned loan of Rs.13,46,000/- in favour of Haribhau Dhamdhere and the said amount was paid by two cheques in favour of Laxmi Construction and Developers. According to the prosecution, these persons also opened account in the name of Laxmi Construction and Developers with Shree Laxmi Co-operative Bank Ltd. and after the loan amount was credited in the said account in the name of Laxmi Construction and Developers, amount was withdrawn. Later on, real facts were revealed and the present applicant and Nandkishor, who had assumed name of Haribhau Tukaram Dhamdhere, came to be arrested. 3 The learned counsel for the applicant points out that said Nandkishor @ Haribhau has already been released on bail while the present applicant is still in jail since the date of arrest. 4 Investigation papers reveal that one Shrikant Tukaram Dhavade and Surekha Shetty wife of Harish Shetty were carrying on business in the name of Laxmi Construction and Developers. One flat was booked in the name of Haribhau Tukaram Dhamdhere in the month of July, 2008 for the consideration of Rs.15,96,000/-, an amount of Rs. 2,50,000/- was actually paid as earnest money by two cheques and both the cheques were encashed. Balance amount of Rs.13,46,000/- was to be paid after obtaining loan. In view of this, the original agreement does 3 not appear to be fake though the persons, who had entered into contract with Laxmi Builders might have assumed fake names. It appears that the Investigating Officer has referred certain handwriting and signatures on the form containing particulars of guarantors filled in by the present applicant and the application for opening account in the name of Laxmi Construction to the handwriting expert. Handwriting expert report is not produced either with charge-sheet or before this Court. The learned counsel for the applicant has produced photocopy of the pan card of Shrikant Tukaram Dhavade showing his signature. That signature appears to be similar to the signatures on the forms used for opening accounts of Laxmi Construction and Developers with Shree Laxmi Co- operative Bank Ltd. However, specimen signatures or admitted signature of Shrikant was never referred to the handwriting expert for comparing signatures on the form for opening account in the name of Laxmi Construction with Shree Laxmi Co-operative Bank Ltd., and on particulars of Guarantor. On instructions from the Investigating Officer, the learned APP states that now it has been sent 8 days before. It is not clear why the Investigating Officer did not bother to send signatures of the said Shrikant for comparison for long period of one and half years. It is also surprising that photographs of the present applicant appear to 4 have been used not only on the forms used for opening account with Laxmi Co-operative Bank Ltd. but also on the form on which he was shown as guarantor. Taking into consideration the fact that applicant is in custody since August, 2009 and the case does not appear to have been investigated properly and it is still at the investigation stage, even though formal chargesheet is already filed, I find that the present applicant can not be refused bail, particularly when another accused Nandkishor has already been released on bail. 5 For the aforesaid reasons, applicant be released on PR bond in the sum of Rs.30,000/- alongwith one or two sureties in the like amount with condition that he shall attend Deccan Police station on 1st and 3rd Sunday of every month till the end of the trial. However, in case handwriting expert's report does not support the prosecution case, applicant shall be entitled to pray for relaxation of the condition. (J.H. BHATIA,J.)