1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Bail Application (ABA) No.337/2011 ( Mr. Devendra S/o Hansraj Sood ..Vs.. The State of Maharashtra, through P.S. Ganeshpeth, Nagpur ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. M. Mourya and Mrs. S.R. Matta, Advs. for applicant. Mr. V.A. Thakre, A.P.P. for State. CORAM : M.N. GILANI, J. DATED : 14.11.2011. 1. The applicant who is apprehending his arrest in Crime No.175/2011, registered with the police station Ganeshpeth, Nagpur under section 420, 468, 471 read with section 34 of the Indian Penal Code has filed this application for anticipatory bail. 2. The background leading to registration of the aforesaid crime may be stated thus. One Mr. Bobby Thomas and Sean Vaz had a deal of selling Audi Cars Q5 Model to one Mr. Shibu Babu R/o Ramdaspeth, Nagpur. The octroi levied on the car was 87,000/-. Owner of the car was made to believe that this amount was deposited by the dealer with the octroi department 2 of the Municipal Corporation, Nagpur. During enquiry it was revealed that the octroi receipt No.OT9/A/00023216 dated 14-15/07/2011 was fake. Hence Octroi Inspector lodged F.I.R. During the course of investigation, Bobby Thomas and Sean Vaz were interrogated. It is alleged that besides their involvement, the present applicant/accused is involved in the crime in the sense that the said fake receipt and similar more such receipts were got prepared/generated from him. For that the present applicant/accused was paid Rs.15,000/- to Rs.20,000/- for each receipt. 3. Learned counsel for the applicant contended that there is no evidence against the accused. He had nothing to do with the fake receipts. It is a clear case of mistaken identity. His place of business is in Mecosabagh whereas said Bobby Thomas revealed that the computer shop from where the receipts are prepared/generated is situated in Jaripatka. He further contended that the laptop etc. has been seized and he is ready to surrender his computer. The next contention is the ill-health of the accused. According to leaned counsel for the applicant the accused/applicant is suffering from myocardial infarction of the heart and in the past he was required to be admitted in intensive 3 care unit. The applicant/accused is a man having roots in the society and he is not going to abscond and would fully cooperate with the investigation. 4. Learned Additional Sessions Judge vide order dated 20/9/2011 rejected the application on the ground that the offence alleged against the applicant is serious. For the purpose of proper investigation his custodial interrogation is necessary. Not only the accused/applicant is involved in generating or preparing one receipt but many more such receipts. 5. Learned A.P.P. placed for perusal of this Court extract from the case diary. It reveals that to show the place of business of the present applicant/accused the principal accused Bobby Thomas had accompanied the police party. Thus this rules out the possibility of the police requiring custody of a wrong person. There appears no doubt about the prosecution case that the false octroi receipt has been prepared and the owner of the car was made to believe that octroi leviable on the car was deposited with the octroi department and the receipt forwarded to him is genuine. Thus the offences of forgery and cheating are prima facie made out. The contention of learned counsel for the applicant that Bobby Thomas is a computer wizard and for 4 preparing such receipt there was no need for him to approach the present applicant/accused cannot be accepted particularly, at this stage. It is the matter of evidence as to why the applicant/accused was approached instead of said Bobby Thomas himself doing this job. The investigation reveals that nine fake receipts have been generated by adopting the same modus operandi and loss in lacks was caused to the exchequer of Municipal Corporation. Considering the nature of the offence, the custodial interrogation is must. In view of this learned Additional Sessions Judge was justified in rejecting prayer for pre-arrest bail. 6. The past history of the applicant having had suffered stroke and was required to be admitted in the Hospital, cannot be the ground to grant pre-arrest bail. Police is bound to provide medical assistance to the accused whenever needed. 7. In the result, I find no substance in this application. 8. The application is rejected. JUDGE Tambaskar.