Minin Peter Fernandes And ANR v. The State Of Maharashtra

Sknair 914-aba-266-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 266 OF 2019 Mr. Minin Peter Fernandes & Anr.

... Applicants Vs.

The State of Maharashtra ... Respondent ...

Mr. Dinesh Kadam for the applicant.

Ms. A.A. Takalkar, APP for the Respondent-State. Mr. D.R. Kadam, API, Vakala Police Station.

...

CORAM : PRAKASH D. NAIK, J.

DATE : 30th JANUARY, 2019.

P.C.

1.

This is an anticipatory bail application in CR No. 299 of 2018 registered with Vakola Police Station for the offence punishable under Sections, 420, 465, 467, 468, 471, 504 and 506 of Indian Penal Code.

2.

Case of the complainant is that accused applicant had promised him to provide premises from MHADA. The complainant has parted the amount of Rs.15,500/-. It is further alleged that some documents in respect to the premises being allotted to the complainant were provided to gain confidence in the applicant. After realizing that he was being cheated, the First Information

Sknair 914-aba-266-19.odt Report was lodged.

3.

Contention of the applicant is that person who is involved in the crime is one Mangleshwar Tripathy. It is contended that the applicant No.1 was working under him. It is further submitted that even the applicant and their relatives are victims of the circumstances. Reliance is placed on documents with regards to the allotment of the premises issued in favour of the relatives of the applicant.

4.

I have perused the documents. The documents allegedly issues to relative of applicant were dated November, 2017. it is submitted that said documents were received in January, 2018. However, no complaint has been lodged against the Mangleshwar Tripathy alleging that the applicant and his relatives are deceived by him by issuing false documents. Apparently, all the three accused are acting in connivance with each other and committed serious crime. Hence, no case for grant of anticipatory bail is made out. Application is rejected.

( PRAKASH D. NAIK, J. )