Bombay High Court
Swati Dhananjay Dadhekar vs The State Of Maharashtra on 12 August, 2021
Author: Sarang V. Kotwal
Bench: Sarang V. Kotwal
ABA-691-2020-spkng.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.691 OF 2020
Swati Dhananjay Dadhekar ... Applicant
Versus
State of Maharashtra ... Respondent
-----
Ms Tej Kiran, Advocate i/b. Vaibhav Karnik, for the Applicant.
Ms. J.S. Lohokare, APP for Respondent-State.
-----
CORAM :- SARANG V. KOTWAL, J.
DATE :- 12th AUGUST, 2021
[In Chamber at 2:15 p.m.]
P. C. :-
1. This application is placed on the board today by the
Registry for speaking to the minutes of the order dated 16.7.2021. In
the title of that order, the number of the application is mentioned as
"ANTICIPATORY BAIL APPLICATION NO.691 OF 2021". The
correct number is "ANTICIPATORY BAIL APPLICATION
NO.691 OF 2020". This is a typographical error, which needs to be
corrected.
2. Correction be made accordingly, correct number be
mentioned in the title and corrected order be uploaded with this order.
3. Order dated 16.7.2021 stands corrected to the aforesaid
extent only. Rest of the order shall remain as it is.
(SARANG V. KOTWAL, J.)
Deshmane (PS)
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CORRECTED ORDER DATED 16.7..2021 READS THUS :
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO. 691 OF 2020
Swati Dhananjay Dhadekar .... Applicant
Versus
The State of Maharashtra .... Respondent
______
Mr. Vaihav Karnik, for the applicant.
Smt. J.S. Lohokare, APP for the State/Respondent.
______
CORAM :SARANG V. KOTWAL, J.
DATE : 16th JULY, 2021
P.C. :
1. The Applicant is seeking anticipatory bail in
connection with C.R.No. 328 of 2019 registered at Bandra
Police Station, Mumbai, under sections 420, 465, 467, 468,
471 read with Section 34 of the Indian Penal Code.
2. Heard Mr. Vaibhav Karnik, learned counsel for
the applicant and Smt. J.S. Lohokare, learned APP for the
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State.
3. The FIR is lodged by Smt. Sulabha Masurkar,
who was working in the health department of the Mumbai
Municipal Corporation as Administrative Officer, Bandra
(West). Under supervision of her department, there are 16
suburban hospitals. The FIR mentions that between
January 2015 to December 2015, about 147 eligible
candidates were appointed on the post of Laboratory
Technician. The criteria for the post was that the candidate
should have obtained a degree in Science faculty from a
recognized university and the candidate was required to
obtain diploma in Medical Laboratory Technician (DMLT)
from university recognized by Maharashtra State Board For
Technical Education.
4. The FIR mentions that one Laxman Gharat gave
a written complaint in the informant's department on
24/06/2016 alleging that the degree certificates submitted
by candidates of Dr. Babasaheb Ambedkar University,
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University of North Maharashtra and Bundelkhand
University- Jhansi, were all forged certificates. The
informant's department then verified these degree
certificates with aforementioned Universities. It was
found that seven candidates had submitted degrees from
one or the other of these universities and they were found
to be fake certificates. All these candidates were removed
from job. The applicant who had secured job on the basis
of such degree was also removed from her job on
06/09/2017. On these allegations the FIR is lodged.
4. Learned Counsel for the applicant invited my
attention to a copy of degree certificate obtained by the
applicant from University of Mumbai in the year 1998-
1999. Said certificate mentioned that the applicant was
awarded diploma in Medical Laboratory Technology, in the
examination held in November-1998. The University had
given such certification at the Convocation held on
27/12/1999. Shri Karnik submitted that ,before that, the
applicant had obtained degree of Bachelor of Science in the
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year 1999 itself from Mumbai University. A copy of that
degree certificate is also annexed to this application. Shri
Karnik, therefore submitted that the applicant was well
qualified for that particular job. He further submitted that
the applicant was desperate to secure the job as it was her
last chance because of her age. She came in contact with
one Sachin Sankulkar, who promised her to get that job.
He demanded money for that purpose. She paid Rs. 8
lakhs to him for securing the job. Shri Karnik fairly
submitted that the means used by the applicant for getting
the job were neither legal nor proper. But at this stage of
consideration of anticipatory bail, leniency be shown to the
applicant. He submitted that the applicant had otherwise
no reason to furnish a fake certificate when she genuinely
had certificates from recognized University i.e. Mumbai
University. He, therefore submitted that applicant's
custodial interrogation can be avoided at this stage.
5. Learned APP strongly opposed this application.
She submitted that the applicant is an educated lady and
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the job was a responsible job. Therefore, she could not
say that because of desperation for securing a job, she
committed this offence. She submitted that the form which
was submitted to the department bears applicant's
signature, wherein the degree certificate from
Bundhelkhand Univeristy, Jhansi is mentioned. Therefore,
even the applicant was aware that a fake degree certificate
was being used for securing a job. She submitted that two
of the accused have surrendered and they are released on
bail by the Magistrate's Court.
6. In response to these submissions, Shri Karnik
further submitted that the applicant had merely put her
signature on the form and rest of the form was filled
behind the back of the applicant by Sachin. He submitted
that the applicant is a lady having two children below 10
years of age. This factor also may be taken into
consideration.
7. I have considered these submissions. There is
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sufficient material in this case to show that the offence is
committed. The form submitted on behalf of the applicant
mentions the fake degree certificate. It was also submitted
to the department. However, the applicant was having
degree certificate and diploma certificate granted by
University of Mumbai. Thus the applicant was well
qualified for the post. The difficulty for the applicant is that
for securing the job, she has used illegal means. This of
course cannot be condoned and if proved she can be
convicted and appropriately sentenced.
8. At this stage I am taking a lenient view as far as
custodial interrogation of the applicant is concerned, mainly
on the following grounds:-
(I) The applicant had requisite qualification.
(ii) The applicant was desperate to secure her
job and there is a possibility that Sachin
cheated her for substantial amount. This of
course, cannot be a ground for showing
leniency but again the fact remains
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that the applicant had the requisite
qualifications.
(iii) The alleged offence had taken place in the
the year 2016. The applicant was dismissed
from service on 06/09/2017 and the FIR was
lodged much belatedly on 16/04/2019.
Therefore, after lapse of these years, custodial interrogation
of the applicant may not really be necessary. The
authorities were aware of these facts and no prompt steps
were taken to register the FIR. This is an additional
circumstance for consideration. The applicant has small
children. She has already lost her job. The applicant can
still be convicted and sentenced if the offence is proved
during trial.
9. In view of this discussion, the applicant's
custodial interrogation is not really required. It would be
sufficient if she co-operate with the investigation.
10. Hence, the following order :
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ORDER
(i) In the event of her arrest in connection with C.R. No. 328 of 2019 registered with Bandra Police Station, the Applicant is directed to be released on bail on her furnishing PR bond in the sum of Rs.30,000/- (Rupees Thirty Thousand Only) with one or two sureties in the like amount.
(ii) The Applicant shall attend the concerned Police Station as and when called and shall co-operate with the investigation.
(iii) The Application stands disposed of accordingly.
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