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Bombay High CourtABA/56/2019anticipatory bail rejected

Kirti Ashish Gatkal v. The State Of Maharashtra

2019-02-26Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 3) aba55-19+.doc SAS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.55 OF 2019 Bharti Dattatray Gatkal ..Applicant.

V/s.

The State of Maharashtra ..Respondent.

ANTICIPATORY BAIL APPLICATION NO.56 OF 2019 Kirti Ashish Gatkal ..Applicant.

V/s.

The State of Maharashtra ..Respondent.

ANTICIPATORY BAIL APPLICATION NO.57 OF 2019 Ashish Dattatray @ Dattaram Gatkal ..Applicant.

V/s.

The State of Maharashtra ..Respondent.

Mr.H.C.Desai I/b. Rushit P.Thakkar for the applicant in all applications.

Mr.N.B.Patil, APP for the respondent-State.

CORAM : NITIN W. SAMBRE, J.

DATE : FEBRUARY 26, 2019 P.C.:- Heard learned counsel for the applicant and learned APP for the State.

2.

In crime No.392/2018 for offence punishable under

2 3) aba55-19+.doc sections 420, 464, 465, 468, 471 read with 34 of the Indian Penal Code, the applicants are seeking pre-arrest bail. 3.

Applicant Bharti Gatkal is the mother, Kirti Gatkal is the daughter-in-law and Ashish is the son of the applicant Bharti. 4.

The prosecution case is, though the applicants have availed loans for purchase of two JCB machines, however, have not produced the registration details of the vehicles for physical inspection.

5.

This Court on the last occasion, so as to test the bona fides of the applicants, on January 10, 2019 permitted the applicants to produced the JCB machines and documents before the investigating officer.

6.

In spite of lapse of six weeks, neither the JCB machines nor the documents are produced. As such, it can be inferred that the applicants lack bona fides.

7.

There are other similar offences registered against the applicants.

8.

In the aforesaid backdrop, no case for grant of pre-arrest bail is made out. The applications are rejected. (NITIN W. SAMBRE, J.)