The Bombay High Court has refused anticipatory bail to a 29-year-old police constable booked for dishonest a person in a Pune faculty by promising him a postgraduate medical seat for his two sons and misappropriating round Rs 50 lakh.
A single-judge bench of Justice Sarang V Kotwal on July 8 handed an order in relation to a case registered for legal breach of belief, dishonest and legal offenses at Tilak Nagar police station on an anticipatory bail utility by Nagesh Pandurang Pawar. Threats beneath IPC in October 2019
The father, himself a physician, had filed a grievance that his two sons wished to take admission in postgraduate programs in a medical faculty in Pune, and regardless of their efforts since 2014, they haven’t been profitable, so introduce them. Gone. One Dinesh Kava in 2015.
As per the grievance, Dinesh informed the informer that he had contact with the administration of Smt. Kashibai Navale Medical College in Pune, and demanded Rs 1.6 crore as ‘capitation payment’ in June, 2015, assuring that on fee, each his sons would get admission.
The father tried to boost cash by mortgaging his property and getting a mortgage from a finance firm, amassing some quantity from pals and family. He gave Rs 55 lakh in money to Kava within the presence of an individual named Mahendra Kahar. The father then met the applicant Pawar’s uncle, who represented because the trustee of the faculty, and handed over a requirement draft of Rs 7 lakh to him.
In October 2015, Dinesh requested the informer to rearrange the remaining Rs 75 lakh, after which the daddy alongside along with his sons met Pawar’s spouse Roshni. Assuring admission for the boys, Roshni informed the informer that her husband was working with RAW and was nicely related with senior influential politicians, including that he was additionally nicely related with the administration of the mentioned Pune faculty. was accustomed to.
The father gave Rs 75 lakh to the applicant Pawar and his spouse. However, after making the fee, there was no progress as his sons couldn’t safe admission and the whole quantity was not refunded. Thereafter, he got here to know that he had been cheated and lodged an FIR in 2019.
The FIR mentions that the daddy paid over Rs 1.3 crore to the accused individuals, whereas Kava returned Rs 55 lakh and saved Rs 30 lakh with himself. However, Rs 50 lakh was misappropriated by the applicant and his spouse.
Appellant Pawar’s counsel Priyal Sarda submitted that there was an enormous unexplained delay in registering the FIR because the allegations pertained to 2015 and the grievance was filed solely after the sons of the complainant accomplished their schooling from another establishment. Seeking safety from arrest for the applicant, Saradha submitted that the quantity paid in direction of ‘capitation payment’ was for unlawful goal and therefore the allegation of fraud can’t be leveled in opposition to the applicant.
After listening to the submissions, the Bench mentioned, “There shall be no application of the concept of fraud where the said act to constitute fraud was itself an offence… The applicant and other accused cannot take shelter under the argument that money is illegal.” The goal. The whole illustration was fraudulent from the beginning. The informant was clearly deceived.”
The court docket additionally disagreed with the applicant’s declare of “extreme delay in registering the FIR” and famous that the grievance itself states that the daddy labored arduous for a very long time to get his a refund and after his failure to safe it. Contacted the police.
The High Court held that the custodial interrogation was “absolutely necessary” and dismissed the applicant’s pre-arrest bail plea.
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With inputs from TheIndianEXPRESS
