1 Cri.A.2309.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2309 OF 2011 1. Ganesh S/o Prabhakar Kale, Age : 30 Years, Occup.: Service, R/o S.R.P.Group Daund, Tq. Daund, District Pune 2. Kiran S/o Krushanrao Kadam, Age : 32 Years, Occup.: Service, R/o Girvi,Tq. Phaltan District Satara. ...APPLICANTS. VERSUS 1) The State of Maharashtra, and another. ...RESPONDENTS. ... Shri.S.J.Salunke, Advocate for Applicants. Shri.B.J.Sonwane, A.P.P. for Respondent-State. ... CORAM: T.V.NALAWADE, J. DATE : 23RD JUNE, 2011. PER COURT : 1. This application is filed for anticipatory bail, in Crime No.91 of 2011, registered with Kadim Police Station, Jalna Tq. & District Jalne, for the offence punishable under section 420, 467and 471 read with section 34 of the Indian Penal Code. 2 Cri.A.2309.11 2. Papers of investigation are made available by the learned APP. Both sides are heard. 3. Crime came to be registered on the basis of report given by one Vijay Raghunath Bhavane. He had made allegation that he is educated unemployed and he was deceived by the applicants under the pretext that he will be given employment in State Excise Department on the post of either clerk, constable, peon or driver. It was narrated to him that Prabhkar Kale who was working on the post of PSI was influential person and applicant No.1-Ganesh Kale, who is working in SRPF Daund and Applicant No.2 Kiran who is also working in SRPF Daund have acquaintance with Officers and they can give the job. The first informant was introduced with Gulab Mukane and present applicants. It is alleged that on 20.02.2007 present applicants went to the house of the complainant alongwith Prabhakar Kale and Gulab Mukane and they again promised to give employment to the complainant, if he was ready to pay Rs.2.5 lacks. A promise was given to return the amount, in case the complainant does not get job. He has contended that he, Santosh Badal, Santosh Waghmare and Umesh Ugale went to SRFF camp Nashik, the place which was fixed by the applicants and other candidates were also present there. They were taken to Government Offices like office of Collector and they were 3 Cri.A.2309.11 introduced to some Officer in Collector Office. They were taken to Civil Hospital for medical examination and under that pretext an amount of Rs.5000/-was extracted. Then their names were taken in register and also given appointment orders. They were also directed to report to the office of Excise Department Nashik. He has contended that when they went there, they were told that they were required to under go training prior to joining the post. They were given training of two days at Pune and certificate to that effect was issued, however, the applicants were told that original certificate of training provided was required to be tagged with service record. The allegations are made that from all the candidates amount was collected by them and no jobs were given and they were deceived. It is also contended that when they approached to Police and filed application, accused Prabhakar Kale promised to return the amount. 4. There are statements of some deceived candidates like Santosh Badla, Santosh Waghmae, Shivjai Badala and Ramesh Ugale. These statements show that when some amount was given in the hand of Gulab Mukane, he had handed over that amount to present applicants. There is also undertaking given by Prabhakar Kale to return the amount. These circumstances are sufficient to make out prima facie case for aforesaid offences. In these days incidents of cheating by using such modes operandi 4 Cri.A.2309.11 are increasing. Poor educated unemployed are ready to give any amount and even when they are deceived, they do not dare to come forward to give report. Unless, there is custodial interrogation in such cases, more cases cannot be detected. 5. It was submitted that relief of ad-interim anticipatory bail was given to Prabhakar Kale by this Court and so present applicants are entitled to get similar relief. The said application is till pending. It appears that other Single Bench of this Court has given such relief. This Court holds that it is not fit case for granting any relief in favour of the present applicants, so application stands reject. Sd/- [ T.V.NALAWADE, J.] MTK