Bombay High Court
Nitin Madhav Vahalkar vs The State Of Maharashtra on 27 August, 2024
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
2024:BHC-AS:34618
(2)-BA-3153-24.doc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally
CRIMINAL APPELLATE JURISDICTION
signed by
BALAJI
BALAJI GOVINDRAO
GOVINDRAO PANCHAL
PANCHAL Date:
2024.08.29
11:58:01
CRIMINAL BAIL APPLICATION NO.3153 OF 2024
+0530
Nitin Madhav Vahalkar ..Applicant
Versus
The State of Maharashtra ..Respondent
Mr. Ritesh Thobde a/w Ankita Rai & Zubi Ansari, for the Applicant.
Smt. M. R. Tidke, APP for the Respondent/State.
CORAM : SARANG V. KOTWAL, J.
DATE : 27th AUGUST, 2024
P. C.
1. The Applicant is seeking his release on bail in connection
with C. R. No.326 of 2023 dated 9th June, 2023 registered at Vijapur
Naka Police Station for the offence punishable under Sections 120B,
170, 171, 419, 420, 467, 468, 471, 472, 201 of IPC. The Applicant
was arrested on 8th November, 2023 and since then he is in custody.
The investigation is completed and the charge-sheet is already filed.
2. Heard learned counsel for the Applicant and learned
APP for the Respondent/State.
3. The prosecution case in brief as follows :-
The FIR is lodged by one Shrishailkumar Hadimani. He
was originally a resident Kalburgi, Karnataka State, but since about
more than twenty seven years, he was residing in America. He had a
cousin Revansiddha Hippargi, resident of Solapur. Both of them had
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started a partnership firm. Since the informant was residing in
America, his cousin Revansiddha Hippargi was looking after the
business of their firm.
4. In 2018, when both of them had gone to a restaurant,
the main accused - Manoj Godbole came there. Revansiddha
Hippargi introduced Manoj Godbole to the informant. Manoj
Godbole represented to the informant that he was working as Naib
Tahsildar at Solapur. He showed an identity card bearing a
Government seal showing that he was a Naib Tahsildar. He
represented to the informant that he was in a position to get
Government lands or private lands at lower price by making
payment to the Government. The FIR goes on to mention as to how
all this was false misrepresentation and as to how the informant was
made to part with huge amounts. As per the FIR, the main accused -
Manoj Godbole has taken the amount of Rs.4,00,00,100/-. The FIR
was lodged and the investigation was carried out.
5. The story in the charge-sheet further elaborates as to
how this offence was committed. On the first occasion, Manoj
Godbole told the informant that the land at Survey No.10/A/1/2/A
at Vijapur Road admeasuring 4 hectare was in the name of
Government forest and that he was in a position to get that land for
the informant at a much lesser price. He obtained the purported sale
price from the informant. The main accused - Manoj Godbole sent a
forged Government order and copies of the other documents viz.
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7/12 extract, mutation entry and the map on the WhatsApp of the
informant. In fact, all these documents were the forged documents
and the seals on them were also forged. The story in the charge-
sheet further goes on to mention as to how Manoj Godbole brought
one fake customer to win the trust of the informant for that land,
but subsequently that purported purchaser did not pay anything.
The cheating did not stop at this, Manoj Godbole then obtained
money purportedly for purchasing another land in the name of the
informant situated at village Wanwadi, Pune at Survey No.122/R/8.
Again photograph of forged Government order was sent to the
informant on his WhatsApp. Similar offence was committed in
connection with City Survey No.122/R/9, Survey No.110-A/1 at
Hadapsar. Every time, he obtained huge amounts from the
informant and had caused loss of Rs.3,52,80,100/- to the first
informant. The charge-sheet story mentions that from the amounts
received from the informant, some amounts were distributed to
various other accused.
6. As far as the present Applicant is concerned, the role
attributed to him was that he made those forged rubber stamps,
which were used on the documents to make them appear as if they
were the original seals and stamps of the Government. The
Applicant was arrested on 8th November, 2023 and since then, he is
in custody.
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7. Learned counsel for the Applicant submitted that there is
no admissible piece of evidence against the present Applicant in the
entire charge-sheet. The memorandum Panchanama given by Manoj
Godbole has not led to any discovery or recovery. The other portion
in his memorandum statement is not admissible, as it amounts to
confession before police. The memorandum statement given by the
present Applicant also suffers from the same infirmity and nothing
was recovered pursuant to the statement given by the Applicant.
There is a Panchanama included in the charge-sheet, which pertains
to some other offence, in which the search of the Applicant's house
was conducted and different seals in large number were seized.
However, none of those seals had any connection with the subject
matter of this investigation. He further submitted that in the entire
charge-sheet and after thorough investigation, there is nothing to
show that the Applicant had received any monetary or other
benefits from the main accused - Manoj Godbole.
8. Learned APP opposed these submissions. According to
her, since the rubber stamps used in this offence were burnt, they
could not be recovered, but that benefit could not be given to the
Applicant. She submitted that the Panchanama in the earlier case
shows that a large number of fake seals and rubber stamps were
recovered from the Applicant, therefore, his involvement is clearly
made out. She submitted that the offence is serious and the
Applicant has previous antecedent, though in that case he is granted
bail. She therefore opposed grant of bail to the Applicant.
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9. I have considered these submissions and I have perused
the charge-sheet annexed to this Application.
10. The first relevant document in the charge-sheet is the
memorandum statement given by the main accused - Manoj
Godbole on 8th November, 2023. After making the statement which
is in the nature of confession, he added that the forged seals and
stamps were made by the present Applicant. Manoj Godbole showed
willingness to show the place where he had met the Applicant.
Pursuant to that memorandum statement, the police party and the
Panchas were led to the house of the Applicant. The house of the
Applicant was searched, but nothing incriminating was recovered.
Thereafter Manoj Godbole led the police and the Panchas to the
Applicant's earlier office in the building known as Rubi Corner.
When the police party was led to Room No.7, it was found to be
locked. According to Manoj Godbole, that was the place where he
had met the Applicant and that the Applicant was making forged
seals and rubber stamps in that room. Since that room was locked,
no search was conducted. From this memorandum statement and
Panchanama, it is quite clear that nothing was recovered or
discovered pursuant to the statement given by the main accused -
Manoj Godbole on 8th November, 2023 against the present
Applicant. Therefore, this particular material does not help the
prosecution and the Investigating Agency.
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11. The next relevant document is the memorandum of the
statement given by the Applicant himself after his arrest. This
statement was given on 10th November, 2023. In that statement
ignoring the inadmissible part, which is in the nature of confession,
the rest of the statement mentions that he was willing to show the
place where he had made those rubber stamps and that he showed
willingness to take out those rubber stamps. This statement was
recorded in the presence of Panchas. The Applicant led the police
and the Panchas to a bungalow at Mantri Chandak Park. According
to the Applicant, it belonged to the co-accused Aditi Gosavi. The
Panchanama further mentions that the Applicant had told the police
that he used to make those stamps in a passage in front of that
house and after that Manoj Godbole used those stamps on the
documents and used to take photographs on his mobile phone. It
was further mentioned that those seals and stamps were burnt by
the Applicant, Manoj Godbole and Aditi Gosavi. Again, nothing was
recovered pursuant to that statement. The said Panchanama makes
a reference to CR/695/2021 registered at Bhosari Police Station
under Sections, 465, 466, 467, 468, 472, 473, 474, 420 r/w 34 of
IPC. In that connection, the police of Bhosari Police Station had
taken search of the Applicant's office at Kondhwa and had seized 47
articles including the machine used for making those seals, CPU,
printer, monitor etc.
Thus, it can be seen that nothing was recovered on 10 th
November, 2023 in the search conducted pursuant to the statement
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given by the Applicant on that day.
12. The charge-sheet also contains the seizure panchanama
in connection with CR/695/2021 of Bhosari Police Station. That
Panchanama was carried out on 20th August, 2021 pursuant to the
statement given by the Applicant, and as mentioned earlier, about
47 articles were recovered. Significantly, though those articles
included the other forged seals and stamps, none of those seals and
stamps were pertaining to the present crime, wherein the
Government orders were forged and some seals were used in those
orders. Therefore, that particular Panchanama is not related to
present offence. In any case, the Applicant is already granted bail in
connection with that particular offence.
13. I find force in the submissions of the learned counsel for
the Applicant that the applicant was not shown to be a beneficiary
in the present offence in any manner. After thorough investigation,
the Investigating Agency did not find any monetary or other benefits
derived by the Applicant from the main accused - Manoj Godbole in
connection with the present crime. The Applicant is already in
custody since 8th November, 2023. The investigation is over and the
charge-sheet is filed. There is hardly any admissible evidence
against the present Applicant. In this connection, the observations of
the Hon'ble Supreme Court in the case of Krishna Damani Vs. State
of West Bengal made in Criminal Appeal No.2743 of 2024 on 27 th
May, 2024, are also relevant, which read thus :-
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"A perusal of the counter affidavit filed by the respondent- State
shows that investigation has been complete and a charge-sheet
has been filed on 1st April, 2024 for the offences punishable
under Sections 120B, 406, 403, 408, 409, 420 and 477A of the
Indian Penal Code, 1860 (for short, "the IPC"). It is also
mentioned that a supplementary charge-sheet will be filed as
soon as a report of the experts of QDEB is received. It is stated
that the supplementary charge-sheet will be on applicability of
Section 467 of the IPC.
It is not in dispute that all the aforesaid offences are triable by
the Court of the Magistrate. After the charge-sheet is filed,
considering the nature of the offences, there is no reason to deny
bail to the appellant. If there is any apprehension that the
appellant may try to influence the prosecution witnesses,
appropriate conditions can be always imposed while releasing
the appellant on bail."
14. Considering all these aspects, the Applicant has made
out a case for his release on bail. Hence, the following order :-
ORDER
(i) The Applicant is directed to be released on bail in connection with C. R. No.326 of 2023 dated 9th June, 2023 registered at Vijapur Naka Police Station on his executing PR bond in the sum of Rs.50,000/- with one or two sureties in the like amount.
(ii) The Applicant shall not tamper with the evidence.
(iii) The Applicant shall attend the concerned Police Station once in a fortnight for a period of six months from today.
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(iv) The Applicant shall co-operate in expeditious disposal of the trial.
(v) The Application is disposed of.
(SARANG V. KOTWAL, J.)
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