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Bombay High CourtABA/210/2015anticipatory bail granted

Narendra Subhash Pelhahale v. The State Of Maharashtra

2015-03-02Hon'Ble Smt. Justice S.S. Jadhav2 pages

Waghmare 11.ABA.210.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPEALLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 210 OF 2015 Narendra Subhash Pelhahale .. Applicant

Versus

State of Maharashtra .. Respondent Mr. Harshad E. Palwe for the Applicant.

Mr. D.P. Adsule, A.P.P. for the State.

Mr. V.L. Patil, A.P.I., Bhadrakali Police Station. CORAM :- SMT. SADHANA S. JADHAV, J.

DATED :- 2nd MARCH 2015.

P.C. :- 1) Heard. This is an application under Section 438 of Cr.P.C. The applicant is apprehending his arrest in Crime No.I-112 of 2014 registered at Bhadrakali Police Station for the offences punishable under Sections 406, 420, 465, 467, 471 r/w.34 of I.P.C. 2) It is the case of the prosecution that applicant herein had been instrumental in obtaining loans by undeserving borrowers. The loans were unsecured loans. He was working as middleman. The loans are term loan and crop loan. Some of the loans are disbursed in the name of fictitious person. The Dena Bank Branch Bhadrakali, Nashik, had come across said fictitious loans. The Bank had filed complaint against Assistant General Manager and the present applicant and others for the alleged offence. It appears from the

Waghmare 11.ABA.210.15.doc record that the Manager and the other two persons, against whom there are similar allegations, have been protected by the Sessions Court as well as the High Court and have been granted pre-arrest bail. The applicant herein claims parity with the other accused. The Investigating Officer present in the Court. Learned A.P.P. upon instructions, submits that the applicant had attended the Police Station and co-operated with the Investigating Agency. Prima facie this Court is of the opinion that on the merits of the matter the applicant would not be entitled to grant of pre-arrest bail, however, taking into consideration the fact that all other accused have been granted pre-arrest bail. This Court is inclined to grant same relief to the present applicant.

O R D E R

(i) Application is allowed.

(ii) In the event of arrest, applicants be enlarged on bail on furnishing P. R. bond in the sum of Rs. 15,000/- and one or two sureties in the like amount.

(iii) Applicant shall report to the concerned Police Station as and when called and co-operate with the Investigating agency.

(iv) Application stands disposed of.

(SMT. SADHANA S. JADHAV, J.)