1 Cri.A.2205.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2205 OF 2011 Prabhakar S/o Bhagwanrao Kale, Age : 58 Years, Occup.: Pensioner, R/o Eknath Nagar, Beed, Ta and District Beed. ...APPLICANT. VERSUS 1) The State of Maharashtra, and another. ...RESPONDENTS. ... Shri. S.J.Salunke,Advocate for Applicant. Shri.N.H.Borade, A.P.P. for Respondents. ... CORAM: T.V.NALAWADE, J. DATE : 14TH JULY, 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 Jalna, for the offence punishable under section 420, 467 and 471 read with section 34 of the Indian Penal Code. 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 2 Cri.A.2205.11 Vijay Raghunath Bhavane. He has made allegation that the persons like Chapane, Gulab Mukane had introduced present applicant and his son Ganesh and one Kiran Kadam and representation was made that present applicant and his two associates are in position to give employment to the complainant, in the office of State Excise. As Chapne said that he was also giving Rs.2.50 lakhs for getting employment for his candidate, the complainant and his family members gave Rs. 2.50 lakhs to these persons on 20.02.2007. The allegations are made that after taking this amount he was called to Nashik and there many similar candidates were called by Ganesh Kale and Kiran Kadam. They were taken to old office of Collector from Nashik and there they were introduced to some officers. From there they were taken to Civil Hospital for medical examination and under that pretext an amount of Rs.5000/-was extracted. It is contended that on 16.05.2007, letter of appointment was handed over and he was asked to come to the office of State Excise, Nashik on 05.06.2007 He has contended that he and others were taken to Pune by saying that some induction training was necessary. They were given training of two days w. e. f. 12.02.2008 to 14.02.2008 at Pune and certificate to that effect was issued, however, the certificate which was given to him at the time of training was collected by Ganesh Kale and Kiram Kadam. 3 Cri.A.2205.11 4. It is case of the complainant that when he realized that he was deceived he approached to the Police Station by making an application. He contended that on 15.04.2011 present applicant had given undertaking in the police station to return the amount, but he did not return the amount. 5. It was submitted for the applicant that, allegation against the present applicant is that on one occasion he was present in the house of the complainant with other accused. It is submitted that he is retired Police Officer and he had not played any active role in the incident. Ganesh Kale is son of present applicant. There are allegations against present applicant, Ganesh Kale and one Kadam. Papers of investigation show that more persons were deceived. There are statements of Madhav Chapane and Santosh Badal. Statement of Santosh shows that his father handed over Rs. 80,000/- directly to the present applicant and his son and father of other candidate namely Ramesh Ugale gave amount of Rs. 1.8 lakhs to the applicant in his presence. 6. The contents of the complainant and papers of investigation show that to convince the candidates they were taken to various places and record like certificates were created. Statements show that there were many candidates at Bus Stand Nashik. In these days, incidents of cheating by using such 4 Cri.A.2205.11 modes operandi 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 to avoid further trouble. In the present case, applicant has given undertaking in the Police Station that he would return the amount. This material is sufficient to make out prima facie case in respect of involvement of the applicant in the crime. Unless, there is custodial interrogation in such cases record cannot be recovered and more cases cannot be detected. This Court holds that custodial interrogation is necessary in this case and it is not fit case for granting any relief in favour of the present applicant, so application stands reject. Interim relief granted, if any, stands vacated. It is made clear that these observations will not come in the way of trial court while deciding the case, if any, filed against him. Sd/- [ T.V.NALAWADE, J.] MTK