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Bombay High CourtABA/60/2021disposed off

Palash Arun Agarwal v. The State Of Maharashtra

2021-11-17Hon'Ble Shri Justice Nitin W. Sambre2 pages

(1)-ABA-60-21.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.60 OF 2021 Palash Arun Agarwal ..Applicant

Versus

The State of Maharashtra ..Respondent WITH INTERVENTION APPLICATION NO.535 OF 2021 IN ANTICIPATORY BAIL APPLICATION NO.60 OF 2021 Sandeep Mittal ..Intervenor

IN THE MATTER BETWEEN

Palash Arun Agarwal ..Applicant

Versus

The State of Maharashtra ..Respondent Mr. Subhash Jha i/by a/w Mr. Tanaji Malusare i/by Rajas Naik, Advocates for the Applicant.

Mr. Vishal Hegde a/w Mr. Akashay Naik, Advocate for the Intervenor.

Mr. Ajay Patil, APP for the Respondent - State. CORAM : NITIN W. SAMBRE, J.

DATE : 17th NOVEMBER, 2021 P.C.

1.

It is an admitted fact that the complainant has already initiated proceedings under the Negotiable Instruments Act against the applicant.

BGP.

(1)-ABA-60-21.doc.

2.

Apart from above, applicant is on ad-interim protection since 11th January, 2021. The allegation against the applicant is that he has issued a cheque so as to honor on admitted date from an account which was already closed.

3.

In the aforesaid backdrop, in my opinion, since the entire offence is based on documentary evidence, the custodial interrogation is rightly held to be not warranted. 4.

That being so, ad-interim protection stands confirmed. Applicant shall attend Investigating Officer from 22nd November, 2021 to 25th November, 2021 between 10.00 a.m. to 12.00 noon. Applicant shall neither influence the witnesses in any manner nor tamper with the evidence.

5.

In view of above, intervention application stands disposed of.

Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2021.11.18 10:57:00 +0530 BALAJI GOVINDRAO PANCHAL [NITIN W. SAMBRE, J.] BGP.