Arun Banwarilal Saraf v. The State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 421 OF 2020 Arun Banwarilal Saraf .. Applicant
Versus
The State of Maharashtra .. Respondent WITH INTERIM APPLICATION NO. 1483 OF 2020 IN ANTICIPATORY BAIL APPLICATION NO. 421 OF 2020 Rajan Chandrakant Shah .. Applicant
Versus
The State of Maharashtra .. Respondent ...
Mr. Bhomesh R. Bellam for the applicant.
Mr. Ashish Dubey for the respondent.
Mr. S.H. Yadav, APP for the State.
API Prakash Lahane from Santacruz police station, Mumbai. CORAM: BHARATI DANGRE, J.
DATED : 29th NOVEMBER, 2021 P.C:- On 20th February 2020, notice was issued to the complainant and is represented by a counsel today. The complaint is revolving around a property and it is recorded in the order that the complainant had also filed a Suit in Tilak
2/2 6 ABA 521-20.doc the Small Causes Court seeking decree of possession of the property in question against the applicant and his firm. Noting that the dispute was civil in nature, the applicant was admitted to protection by order dated 20th February 2020 which is in operation till today. The offence being registered in the year 2020 and the order granting protection in favour of the applicant do not stipulate a date of attendance and the applicant was directed to report as and when called for. The applicant was never called for participating in the investigation and the learned APP, on instructions of the Investigating Officer, who is present in the Court, confirm the said statement.
In the aforesaid circumstances, I deem it appropriate to confirm the order dated 20th February 2020. This is however made subject to the stipulation that the applicant shall report to the Investigating Officer on 8th December to 12th December 2021 between 10.00 am to 2.00 pm and as per instructions of the Investigating Officer, shall continue to render co-operation in future.
With the aforesaid stipulation being imposed, the order in favour of the applicant on 20th February 2020 is confirmed.
SMT. BHARATI DANGRE, J Tilak