Page No. 1
Cri.B.A.1251­2020(Bail)
Cri. Bail Appln. No.1251 of 2020
CNR NO. MHNS0100-3566-2020
(Dadasaheb Tulshiram Avhad Vs The State )
Order below Exhibit­1
1.

Perused application, say and documentary evidence
placed on record. Heard both the learned Counsel.
2.

By this application under Section 438 of Cr.P.C., the
accused no.2 Dadasaheb Tulshiram Avhad of CR No.728/2020
registered with the Sinner Police Station on 07.09.2020 under
section 407, 420, 465, 468 r/w.34 of Indian Penal Code seeks pre­
arrest bail. It is objected over role played by the applicant in the
commission of alleged offence.

3.

Ld. Counsel for the applicant has submitted that, the
applicant is running business in the name and style as “Shri Om
Vaishnavi Enterprises” and is supplier of all kinds of agricultural
goods. In the year 2014, State Bank of India, Sinnar Branch
sanctioned loan of Rs.3,00,000/­ to the informant and thereafter
the banker issued cheque in the name of Shri Om Vaishnavi
Enterprises. After receipt of payment, said enterprises delivered
agriculture goods as per quotation given by the applicant to
informant. The banker has just processed Mid Term Agriculture
Loan of the informant and in due process, he was sanctioned
loan through proper channel. The informant had furnished all
the relevant documents sufficient for sanction of loan. The
amount of loan was transferred through the agency whose
Page No. 2
Cri.B.A.1251­2020(Bail)
quotation was annexed to loan application.
4.

The learned A.G.P. has submitted that the present is a
calculated crime committed within the four corners of law. In
fact, the informant is not benefited by the quantum of loan
amount.
5.

The learned Counsel for the applicant has submitted
that on his own, the informant had applied to Revenue
Authority and accordingly encumbrance has been mutated in
other rights column of 7/12 extract. When the informant was
noticed since he committed default, he has opted short cut
method to disown the loan.
6.

On going through the record, it is conspicuous that,
on application in prescribed form and upon execution of all the
necessary documents, together with Deed of Guarantee, the
informant was sanctioned and disbursed Mid Term Loan of
Rs.3,00,000/­
which
he
has
acknowledged
by
way
of
declaration.

He also applied and caused mutated qua
encumbrance of said amount in record of rights. In due process,
the utilization of loan was verified. First time the informant is
decrying about non benefited.

On one hand, he admits
signatures upon the documents and the application seeking loan
etc. and on the other, he alleges about non beneficiary.

Page No. 3
7.

Cri.B.A.1251­2020(Bail)
The informant is not a layman. It is hard to believe
that, for preceding six years he did not avail or download the
copy of 7/12 extract. It is very easy to disown the arrears of
loan amount under the garb of ‘non beneficiary’. The record
does not reveal subtle amiss on the part of applicant, since the
loan was disbursed through RTGS. The amount was credited to
the account of Agency of whose quotation was annexed to loan
application.

The said agency owners have shown the said
quantum in their income tax returns.
8.

The applicant is running a business firm carrying on
business and has no criminal antecedents.
9.

In view of above, apprehension in the mind of
applicant seems to be reasonable warranting protection. Hence,
order :­
ORDER
1.

Application stands allowed as under :­.

2
Interim
bail
order
passed
on
Exh.4
dtd.

22.09.2020 stands confirmed.

Vikas
Shivruprao
Kulkarni
Nashik
September 29, 2020
Digitally signed by
Vikas Shivruprao
Kulkarni
Date: 2020.09.30
12:48:20 +0530
(Vikas S. Kulkarni)
Additional Sessions Judge,
Nashik.