JAYESH HARESHWAR JOSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant is seeking Bail in connection with Crime No.88 of 2015 registered with New Mondha Police Station, District Parbhani for the offences punishable under Sections 409,418,420,120(B),467,468,471,34 of IPC and under Sections 13(1)(c),13(1)(d)and13(2) of the Prevention of Corruption Act. His application with similar prayer bearing Special (ACB) Case No.04 of 2018 came to be rejected by the Additional Sessions Judge-4, Parbhani District Parbhani vide order dated 17.08.2019.

(2.) Heard both sides.

(3.) It appears that the applicant is on bail in connection with the crime No. 336 of 2015 registered with Dahisar police station, Mumbai wherein charge sheet has been submitted before the court prior to the filing of the charge sheet in connection with the present crime. Learned counsel for the applicant has pointed out to me that so far as the charge sheet submitted in connection with crime No. 336 of 2015 by the State CID, the present applicant is also an accused in connection with the said crime and so far as his role in connection with the said crime is concerned, the same transaction is in between co-accused Ramesh Kadam, the present applicant on one side and Amardeepsingh Sethi and Ajitsingh Sethi on the other side in respect of plot No. 217/B sector No.1, CIDCO, Aurangabad has been referred. On perusal of the charge sheet submitted in connection with the present crime, so far as the role of the applicant as shown in the charge sheet is concerned, the said role is also limited to the extent of said transaction. It is for the applicant to initiate the proceeding for quashing of F.I.R. and obviously the State would counter the said proceeding for quashing of F.I.R. as it has been done by the learned Special Prosecutor while opposing this application. However, it cannot be ignored that the present applicant in connection with the crime No. 336 of 2015 came to be released on bail.