Narendra C. Patel v. The State Of Maharashtra

ssk 1/2 Cri. ABA 220/16-23/11/16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 220 OF 2016 Narendra C. Patel ... Applicant vs.

The State of Maharashtra and ors.

... Respondents Mr. Jagdishkumar Sanjeev Hegde, for the applicant. Smt. J. S. Lohokare, A.P.P. for the State/respondent. Coram : N. W. SAMBRE, J.

Date : 23rd November, 2016 P.C. :

1.

The applicant is seeking pre-arrest bail in Crime No. 33 of 2016 for the offence punishable under Sections 420 r/w 34 of the Indian Penal Code.

2.

Mr. Hegde, the learned counsel for the applicant would invite my attention to the fact that the applicant, who was the owner and dealer of the Sports Car Shop, run into loss as his adverse financial conditions, has resulted into not delivering the booked vehicles for which he had accepted the consideration. Mr. Hegde, then submits that looking to the nature of the allegations, the custodial interrogation of the applicant is not necessary as the

ssk 2/2 Cri. ABA 220/16-23/11/16 applicant has already settled the claims of the other persons, who have booked vehicles with him and has also parted with the amount of Rs.4,50,000/- to the complainant. In the present case the total consideration of vehicle which was received by the applicant is of Rs.29,00,000/-.

3.

The learned A.P.P. opposed the application on the ground that the applicant has practiced large-scale fraud by accepting booking amount of the vehicles, which were not delivered by him.

4.

Considering the submissions, there appears to be prima facie involvement of the applicant in the crime in question as the applicant has accepted the booking amount and not delivered the vehicles. The crime falls in the category of economic offences, which are serious. In my opinion, no case for grant of pre-arrest bail is made out. The application stands rejected. [ N. W. SAMBRE, J.]