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Bombay High CourtABA/169/2018disposed off

Rasiklal Mathurdas Kanabar And ORS v. The State Of Maharashtra

2021-09-27Hon'Ble Shri Justice M. S. Karnik2 pages

5.aba.169-18.docPMB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.169 OF 2018 Rasiklal Mathurdas Kanabar and ors.

.. Applicants vs.

The State of Maharashtra and anr.

.. Respondents -------------- Mr. S.P. Kadam I/b. Mr. Akhilesh Singh and M.M. Dubey for Applicants.

Mr. Ajay Patil, APP for the State.

Ms. Dhanashri Shinde I/b. Mr. S.B. Dhotre for Respondent No.2. Mr. Bhavesh Mathuria-Respondent No.2 present -------------- CORAM : M.S.KARNIK, J.

DATE : SEPTEMBER 27, 2021 P.C.

By an order dated 08.02.2018 this Court had granted interim protection to the Applicants in respect of C.R. No.569 of 2017 dated 08.12.2017 under Sections 420, 465, 467, 468, 471, 120B of the Indian Penal Code originally registered with Kandivali Police Station, Mumbai and now being investigated by EOW, Banking Unit-2, Mumbai having renumbered C.R. No.97 of 2017.

2.

I have heard learned counsel for the Applicant, learned APP for the State and learned counsel appearing on behalf of Respondent No.2.

5.aba.169-18.doc3.

It is not in dispute that the business in question was being managed by Mr. Kirit Bhagwandas Gadhiya, the Applicant in Criminal Anticipatory Bail Application No.143 of 2018 who is the main accused in the said C.R. In view of the afdavit fled by Mr. Kirit Bhagwandas Gadhiya, the main accused in Criminal Anticipatory Bail Application No.143 of 2018, even this Application can be disposed of. The afdavit has been fled pursuant to the understanding reached between the parties. For the reasons mentioned in the Criminal Anticipatory Bail Application No.143 of 2018, even this Application is disposed of.

4.

Hence, the following order :-

O R D E R

(i) The Application is allowed.

(ii) In the event of arrest of the Applicants in CR No.569 of 2017 registered with Kandivali Police Station, Mumbai and now being investigated by EOW, Crime Branch, Banking Unit-2, Mumbai having renumbered C.R. No.97 of 2017, the Applicant shall be released on bail on his furnishing PR bond of Rs.50,000/- with one or two solvent local sureties in the like amount.

5.

The Anticipatory Bail Application is disposed of. (M.S.KARNIK, J.) Digitally signed by PRADNYA MAKARAND BHOGALE Date:

2021.09.27 17:05:44 +0530 PRADNYA MAKARAND BHOGALE