IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4593 OF 2008 CRIMINAL APPLICATION NO. 4593 OF 2008 CRIMINAL APPLICATION NO. 4593 OF 2008 Subhash Krishna Katkat ...Applicant vs. The State of Maharashtra ...Respondent Mr.D.S. Mhaispurkar for the Applicant. Mr.Rajesh More, APP for the State. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. CORAM : V.M. KANADE, J. DATED : JANUARY 15, 2009 DATED : JANUARY 15, 2009 DATED : JANUARY 15, 2009 P.C. :- P.C. :- P.C. :- 1. Heard Counsel for the applicant and APP for the State. 2. A complaint has been filed against the present applicant in connection with an offence punishable under Sections 406, 420, 465, 468, 471 of the IPC. It is alleged that the applicant promised some persons that he would to give them job in the military and he gave them joining orders and extracted money from them. Later on, it was transpired that the said joining orders were forged and fabricated. 3. Counsel for the applicant submitted that the - 2 - applicant has returned the entire amount to the complainant and others. He invited my attention to the affidavit filed by the complainant and others who have stated that the entire amount have been received. 4. The learned APP for the State invited my attention to one of the joining orders which was given by the applicant to one of the complainants. He submitted that the said joining order was forged and fabricated document. 5. In my view, merely because the amount which was taken by the applicant has been returned to the complainant and others, that can not absolve him from the offence which has been allegedly committed by him. The police will have to investigate the allegation made against him. Hence, no case is made out for grant of anticipatory bail. 6. The application is rejected. Interim order stands vacated. - 3 - (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)