Bombay High Court
Jabbar Saheblal Shaikh vs State Of Maharashtra on 22 December, 2021
Author: V. G. Bisht
Bench: V. G. Bisht
ABA-2988-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
ANTICIPATORY BAIL APPLICATION NO.2988 OF 2021
A. JABBAR SAHEBLAL SHAIKH )...APPLICANT
V/s.
THE STATE OF MAHARASHTRA )...RESPONDENT
Mr.Viresh V. Purwant, Advocate for the Applicant.
Smt.Veera Shinde, APP for the Respondent - State.
CORAM : V. G. BISHT, J.
RESERVED ON : 21st DECEMBER 2021
PRONOUNCED ON : 22nd DECEMBER 2021
P.C. :
1 The present application has been moved by the
applicant under Section 438 of the Code of Criminal Procedure
apprehending arrest under Section 409, 420, 467, 468, 471,
477A, 499, 500 of the Indian Penal Code (IPC) registered vide
Crime No.419 of 2021 with Police Station Sadar Bazar, District
Solapur.
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ARTI
VILAS
KHATATE
Digitally signed by
ARTI VILAS
KHATATE
Date: 2021.12.22
14:50:46 +0530
ABA-2988-2021.doc
2 According to learned counsel the applicant was
appointed as an Assistant Teacher on 21st July 1988 and
thereafter since 10th May 1991, he is working as Head Master in
Shri Parmeshwar Ashram Shala, Kamati (K), Laman Tanda. The
said school is run by Shri. Shiv Chaitanya Parmartik Seva Sangh,
Parmeshwar Mandir, Taluka Mohol, District Solapur, a Trust
registered under Bombay Public Trust Act.
3 The learned counsel next submits that after repeated
failure of the informant before all authorities, he approached the
Director, VJNT, OBC, SBC, Welfare Directorate, Government of
Maharashtra, Pune. The learned Director was pleased to issue
notice to all concerned. The applicant submitted his reply. The
Assistant Commissioner, Social Welfare, Solapur, also submitted
his report-cum-say to each and every issue raised in the said
complaint. Though informant was also issued notice to appear
along with all documents on 8th April 2019, he remained absent.
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4 According to the learned counsel in the present First
Information Report (FIR) the informant alleges that the applicant
by making forged documents and affidavits etc. purported to be
genuine documents received benefits and grants from the
Department of Social Justice and Social Welfare of the State of
Maharashtra every year from 2000. It is further alleged that he
misappropriated the said amount of Rs.1 crore and also cheated
the said Organization by receiving excessive illegal salaries from
2nd March 1998 till date.
5 According to learned counsel, before filing of the
present FIR an earlier FIR bearing No.104 of 2012 dated 24th
April 2012 was registered with Sadar Bazar Police Station by one
Nagnath Nimbalkar, at the instance of informant. The said FIR
was lodged against the applicant and four others who were
Assistant Teachers. However, after thorough investigation and
recording statements of witnesses, the then Investigating Officer
was pleased to submit "C" Summary Report before the learned
Judicial Magistrate First Class, Solapur. The learned Judicial
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Magistrate First Class after hearing both sides was pleased to
grant "C" Summary Report in FIR No.104 of 2012.
6 According to learned counsel now the FIR on the
same grounds has been filed. There are vague allegations. Even
otherwise, having regard to the nature of accusation, there is no
necessity of custodial interrogation as the alleged offence is
based on documentary evidence. The applicant, being Principal,
therefore deserves to be given the benefit of pre-arrest bail.
7 Smt.Veera Shinde, learned APP, on the other hand,
opposed the statement by contending that the applicant not only
prepared fake teachers list but the division of classes in the
school were fabricated just in order to secure the grant from the
Government. There was misappropriation of public money.
Having regard to the nature of accusation, custody of the
applicant is necessary, argued learned APP.
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8 Perused the investigation papers. I have gone
through the earlier FIR No.104 of 2012 dated 24 th April 2012
which was under Section 468, 471, 420, 34 of the IPC against the
present applicant and four others. Similar accusations were
made in the said FIR. It further appears that the said FIR was
thoroughly investigated and thereafter "C" Summary Report
came to be submitted before the learned Judicial Magistrate First
Class, Solapur. The learned Judicial Magistrate First Class after
hearing the concerned parties was pleased to issue "C" Summary
Report. It is also clear from the record that the said order of the
Magistrate was not challenged.
9 Now, again, more or less similar allegations are
forming part of the FIR in question. Although the learned APP
has filed compilation before me today, but the allegations made
in the compilation date back to 5th June 2008 (Exh. A). Then
there is order of Secretary, Social Justice Department holding
that since Shri Shiv Chaitanya Paramartik Seva Sangh, Kamati,
had fabricated the division of classes by issuing forged
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ABA-2988-2021.doc
appointment letters of teachers, he committed criminal breach of
Trust in respect of government monies and therefore the
recognition was cancelled. It may not be out of place to mention
that findings were given by the Secretary, Social Justice
Department on 26th March 2013. Similarly, there is order of
Minister, Social Justice Department, dated 21 st August 2009
giving the same findings. However, one cannot be oblivious of
the fact that detail inquiry was carried out by Sadar Bazar Police
Station vis-a-vis FIR No.104 of 2012 wherein allegations were
more or less the same and "C" Summary came to be granted by
the learned Judicial Magistrate First Class.
10 Assuming for the sake of argument that some
irregularities have been done by said Sanstha, the same being of
documentary nature, custodial interrogation of the Principal is
not necessary. The applicant can be well directed to co-operate
the Investigating Officer. Hence, I pass the following order :
ORDER
(i) The application is allowed.
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(ii) In the event of his arrest in Crime No.419 of 2021 for the offences punishable under Section 409, 420, 467, 468, 471, 477A, 499, 500 of the IPC registered with Police Station Sadar Bazar, District Solapur, applicant A. Jabbar Saheblal Shaikh be released on bail on executing P.R.Bond in sum of Rs.20,000/- with 1/2 surety in like amount.
(iii) The applicant shall attend Police Station Sadar Bazar, District Solapur, as and when called by the Investigating Officer.
(iv) The applicant shall not tamper the prosecution evidence.
(v) The application stands disposed off accordingly.
(V. G. BISHT, J.) AVK 7/7