1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1513 OF 2010 Pradeep Vishnath Waghmare, Age-48 years, Occu-Business, R/o.Gulmohar Road, Savedi, Ahmednagar, Tq and Dist. Ahmednagar APPLICANT VERSUS The State of Maharashtra, Through the Police Inspector, Parner Police Station, Dist. Ahmednagar RESPONDENT Mr.V.P.Latange, learned counsel for applicant. Mrs.V.A.Shinde, learned APP for State CORAM : A.V.POTDAR, J. DATE : 17/06/2010 PER COURT : 1. By the present application, the applicant has approached this Court for his release on anticipatory bail in the event of his arrest in connection with CR No.241/2008, registered in Parner Police Station of Tq. Parner, Dist. Ahmednagar for the alleged offence punishable u/s. 420, 468, r/w. 34 of IPC. 2. Heard learned counsel for applicant and learned APP for State. Also perused the papers of investigation till carried out. 2 3. Perusal of the complaint shows that the said offence came to be registered with the police station on the complaint of one Narayan Laxman, who is working as a Inspector with the State Excise Department, Ahmednagar on the allegations that without depositing any amount in the Treasury, fake challan of Rs.1,00,000/- was produced alongwith the application for renewal of license in the form of FL-III to run a permit room in Hotel Milan and for obtaining a new license for hotel Shreyas. 4. The documents annexed with the present application indicates that the applicant claimed to be the proprietor of the Hotel Milan as well as Hotel Shreyas, situated at Parner, Dist. Ahmednagar. He was holding FL-III license to run a permit room in Hotel Milan while applied for new license for Hotel Shreyas. After submissions of application for renewal as well as for issuance of new license to run the permit room, these applications were not considered as there is an allegation that there is some illegal demand from the Officials of the State Excise Department for renewal of said licenses. In view of this, it appears that 3 writ petitions were filed by the applicant before this Bench. Writ Petition No.1840/2008 and writ petition no. 1842/2008 were filed by the present applicant for issuance of directions to decide his pending applications to which the Collector, Ahmednagar, who is also a issuing authority of these licenses is a party. It appears that by order dated 11/03/2008, these writ petitions were allowed and necessary directions were given to the concerned officials to decide the applications expeditiously. One 3 more writ petition no.7521/2007 was also filed by the present applicant to initiate the inquiry against the competent authority, issuing these licenses for their illegal demand to consider and decide the pending applications of the present applicant before the State Excise Department. It appears that this writ petition was also disposed of vide order dated 22/02/2008, and the order to conduct and hold the inquiry against the officials of the State EXcise Department of State of Maharashtra was passed. It appears that as the orders dated 11/03/2008 passed in writ petition no.1840/2008 and 1842/2008 were not complied with by the State Excise Authorities, two contempt petitions bearing CP No.111/2009 and 70/2009 were filed by the present applicant before this Court. After issuance of notice in the name of Collector, Ahmednagar, in both these writ petitions, he has filed his affidavit about the compliance of directions issued in both these writ petitions, hence the notices were discharged. It appears that one order came to be passed on 21/07/2008 by the Collector of Ahmednagar. There is reference that after the orders were issued in the writ petition, inquiry was initiated about the issuance as well as renewal of licenses as prayed and claimed by the present applicant. This application fixed for hearing on 24/06/2008. There is reference that on the date fixed for hearing, neither applicant, nor his advocate were present. As against this, affidavit is filed by the present applicant that on 24/06/2008, he alongwith his advocate were present in the office of Collector Ahmednagar, but till 5.00 p.m., Collector Ahmednagar was not present in his office to conduct the hearing. At about 5.00 p.m., as 4 the applicant herein has received a message about the demise of his father in law, he left the office of Collector, Ahmednagar. As against this, according to the order dated 21/07/2008, it is noticed that as on the given date fixed for hearing, party and advocate concerned were present, the file was closed and on the basis of documents available alongwith the file, the application was decided. In para no. 3 of the observations of that order, there is reference in respect of the fake challan deposited in the Treasurey alongwith cheque submitted by the present applicant. Similar order was also passed in respect of the application of this applicant in respect of issuance of fresh license FL-III to start the permit room in Hotel Shreyas. It is mentioned therein that as the cheque was bounced, it was intimated by this bank to these revenue officials, but there is no reference whether the bank has intimated to the applicant that the cheque was bounced and to make an arrangement either to deposit cash or to issue fresh cheque. 5. In respect of these transactions, find reference in the complaint that without depositing any amount in the Government Treasury, fake challan was prepared for issuance of license and on the basis of this fake challan, applicant tried to renew the license as well as to obtain a new license. Considering the entire allegations in the complaint, it will not amount to an offence u/s. 420 of The IPC and if it is not, further sections from IPC do not attract at all. In view of this, even though the application is vehemently opposed by the learned APP, a case is made out to enlarge the applicants on 5 anticipatory bail. O R D E R 1. Application is allowed. 2. In the event of arrest of applicant in CR No.241/2008, registered in Parner Police Station, Dist. Ahmednagar, he be released on bail on furnishing surety of Rs.20,000/- and on executing PR bond in the like amount. 3. Applicant to attend the office of Investigation Officer on written intimation by the Investigation Officer concerned. 4. Application stands disposed of accordingly. (A.V.POTDAR, J.) khs/JUNE 2010/cri-appl-१५१३-१०