1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.301/2009 Shri Dayaram Sadashiv Zodge ...Versus... State of Maharashtra through P.S. Gadchiroli -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- [Shri N.S. Agrawal, Adv. for applicant] [Shri O.D. Kakde, APP for respondent] CORAM:- A.B. CHAUDHARI, J. DATED :- 12.02.2009 This is an application for grant of anticipatory bail, filed by the applicant in Crime No.154/2008 under Section 420 of the Indian Penal Code. In support of the application, learned Counsel for the applicant argued that non-judicial stamp paper of Rs.100/- on which alleged confession of the applicant has been recorded about the acceptance of money from 22 persons with a promise to give them employment in the institution is prepared under coercion and therefore, this Court should not look into that document. He 2 further argued that as a matter of fact the applicant has nothing to do with the institution. The office bearers of the institution have not been even prosecuted by the police. Hence, the applicant is entitled for anticipatory bail. Learned A.P.P. for the respondent argued that during investigation several statements of the aggrieved persons who have paid moneys to the applicant for getting employment were recorded and there is prima facie evidence against the applicant. Stamp paper of Rs.100/- also is a strong piece of evidence against the applicant. According to him, the applicant has cheated unemployed youths and therefore, anticipatory bail cannot granted to him. He produced before me the case diary of investigation. I have gone through the entire case diary produced before me by the learned A.P.P.. It is seen that First Information Report was lodged by Arunkumar Randive on 9.12.2008 with Police Station Gadchiroli and that was registered by the police. In the F.I.R. complainant Arunkumar Randive has clearly stated that he had paid amount to the applicant because the applicant promised him to give him employment on the post of superintendent in Mother Terasa Hospital, 3 Gadchiroli and recovered Rs.1,20,000/- from him. There are many statements recorded by the police to the same effect. Not only that non-judicial stamp paper of Rs.100/- is signed on 18.11.2008 by the applicant in the presence of several witnesses and this stamp paper was purchased on 15.11.2008. Execution of this document was made on 18.11.2008. As per report of the Police Inspector, this stamp paper was brought by the complainant Arunkumar Randive before him and that is how he collected the said stamp paper. F.I.R. was lodged on 9.12.2008 and therefore, there is no room to believe that the stamp paper was executed under coercion. On the contrary, contents of the stamp paper clearly show that it was voluntarily executed by the applicant having been insisted upon by the aggrieved youths, who paid him the respective amounts for getting employment as promised by the applicant. There is, thus, prima facie case made out by the prosecution and the applicant has clearly cheated the unemployed youths. Hence, I make the following order. Criminal Application is dismissed. JUDGE ssw