PREMCHAND PRATAPMAL SURANA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE applicant before this Court challenges the order dated 5-4-1994 of the Additional Sessions Judge, Aurangabad, in Criminal Revision No. 103 of 1994 setting aside the orders of the 2nd Judicial Magistrate, First Class, Aurangabad, dated 28-3-1994 granting Magisterial Custody Remand and subsequently the order of bail.

(2.) FEW facts which are relevant for the disposal of this revision may be stated thus : one Manohar Kshirsagar lodged a complaint with Kranti Chowk police station, Aurangabad on 27th March, 1994 alleging offences punishable under sections 420, 468, 471 and 477-A read with 34, Indian Penal Code against the applicant-accused. It is alleged that the accused is the proprietor of Vinod Enterprises, from whom the complainant purchased a television set on instalments by paying Rs. 2,700/- in cash out of total price of 9,370/ -. It is alleged that his signatures were secured on some papers by the accused at the time of this transaction on 21st December, 1988. On 21st February, 1994 the complainant received a notice from Housing Finance Corporation informing that a loan of Rs. 1,00,000/- was advanced to him and out of it, Rs. 32,331. 90 were outstanding till December, 1993. By the said notice the complainant was directed to pay the remaining amount within a week. It is alleged that the complainant had never become a member of any housing society nor took any loan for construction of house and on making enquiries he found the present accused having registered a housing society by showing the names of bogus members and the documents executed by the complainant and other persons at the time of purchase of television sets in instalments were misused by the accused. It is on these allegations that the complainant Kshirsagar filed the above complaint on the basis of which the aforesaid offences were registered at C. R. No. I-131 of 1994.

(3.) THE accused came to be arrested in connection with those offences at 7. 00 a. m. on 28-3-1994 and the investigating machinery sought police custody remand for a week. The 2nd Judicial Magistrate, First Class, Aurangabad, by an order dated 28-3-1994, however, granted M. C. remand for a fortnight and refused to grant P. C. remand. On behalf of the accused bail petition was also moved to the said Court on the same day and the concerned Magistrate vide order dated 28-3-1994 ordered the accused to be released on bail on executing personal bond of Rs. 3,000/- with surety of the like amount and on further condition to give attendance to the concerned police station daily between 5 to 6 p. m.