SACHIN GANU PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Apprehending arrest in connection with C.R. No.6 of 2022, registered with Police Station, Nigdi for offences punishable under Sec. 201, 419, 420, 467, 468, 471 and 120(B) read with sec. 34 of the Indian Penal Code, 1860, the applicant has filed present anticipatory bail application under Sec. 438 of the Criminal Procedure Code, 1973.

(2.) The prosecution story in brief is as under: The recruitment for selection of candidates for filling up vacancies of 720 posts for the police constables was being carried out. For the purpose of the recruitment, written tests of the candidates needed to be taken under the recruitment rules. According to prosecution, the applicant along with other co-accused used unfair means for benefit of the candidates in the recruitment process. The co-accused used dummy candidate to enter the examination hall. The dummy candidate made false signature of the candidate in a recruitment process who is co-accused. It was large scale fraud by the candidate along with the accused persons to succeed in the examination. For the said purpose, the dummy candidate used a peculiar cell phone which on the face of it can only be used for modifying appearance as a cell phone. According to prosecution, the applicant supplied the customized cell phone along with bugging device. The applicant, therefore, apprehended arrest based on statement of the co- accused naming the applicant as the person who supplied the customized cell phone. The Sessions Judge rejected the application. The applicant has, therefore, filed present anticipatory bail application.

(3.) Learned advocate for the applicant submitted that the calls made by him to the co-accused Arun Pawar on the date of the examination was because of his relationship. According to him, there is no material to connect the applicant with the offence alleged against him. According to him, he is falsely implicated.