Jagdish Choithram Kelwani v. The State Of Maharashtra

1 of 2 910.ABA.524.2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.524 OF 2020 Jagdish Choithram Kewlani Applicant versus The State of Maharashtra Respondent Ms.Amita A. Bafna for applicant.

Mr.S.R.Agarkar, APP, for State.

Mr.S.P.Katker, PSI & IO, Amboli Police Station, present. CORAM : PRAKASH D. NAIK, J.

DATE : 6th March 2020 PC :

1.

The applicant is apprehending arrest in MECR No.3 of 2019 registered with Amboli Police Station, Mumbai, for offences under Sections 406, 415, 418 420 r/w 34 of Indian Penal Code. The FIR was registered on 13th July 2019.

2.

The case of complainant is that he had obtained housing loan from the bank in 2011. However, after his retirement it was difficult for him to pay the bank installments. He was in need of funds. He approached applicant. The applicant introduced him to the coaccused Mohan Kalali Nair. The said accused promised him that he would arrange finance. The complainant was made to part with amount of Rs.70,000/-. The complainant alleged that he was deceived. Therefore, the FIR was lodged on 13th July 2019. 3.

On perusal of the FIR it appears that role attributed to the applicant is that he introduced the complainant to co-accused to whom the amount was parted by complainant. The applicant is aged

2 of 2 910.ABA.524.2020.doc about 58 years. There are no criminal antecedents against him. The FIR was registered on the basis of private complaint filed by the complainant and pursuant to the directions issued u/s 156(3) of Cr.P.C by Magistrate. Considering the role attributed to the applicant, the relief prayed in this application can be granted with direction to co-operate in the investigation.

4.

Hence, I pass following order :

ORDER

(i) Criminal Anticipatory Bail Application No.524 of 2020 is allowed and disposed of;

(ii) In the event of arrest of applicant in connection with MECR No.3 of 2019 registered with Amboli Police Station, Mumbai, the applicant be released on bail on executing PR bond in the sum of Rs.25,000/- with one or more sureties in the like amount; (iii) The applicant shall attend the Investigating Officer on 16th, 17th and 18th March 2020 between 11 am and 1 pm, and thereafter as and when called for till filing of charge sheet. (PRAKASH D. NAIK, J.) MST