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Bombay High CourtABA/537/2023allowed

Dipak Krishna Jagtap v. State Of Maharashtra

2023-07-12Hon'Ble Shri Justice Amit Borkar2 pages

37-aba537-2023.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.537 OF 2023 Dipak Krishna Jagtap ... Applicant V/s.

The State of Maharashtra ... Respondent Mr. Saurabh D. Butala for the applicant.

VAIBHAV RAMESH JADHAV Mr. Amit A. Palkar, APP for the respondent/State. VAIBHAV RAMESH JADHAV Date: 2023.07.12 18:55:01 +0530

CORAM

: AMIT BORKAR, J.

DATED : JULY 12, 2023 P.C.:

1.

Apprehending arrest in connection with C.R. No.841 of 2022 registered with Nigdi Police Station for offences punishable under sections 406, 409, 420 read with section 34 of the Indian Penal Code, 1860, the applicant is seeking relief under section 438 of the Criminal Procedure Code, 1973.

2.

According to the informant, the applicant and other co-accused gained his trust and obtained amount of Rs.26,35,000/- on the promise of repayment with handsome benefits. Failure to repay the amount resulted in lodging of report. 3.

During pendency of present anticipatory bail application, the informant and the accused persons have entered into compromise. Statement to that effect is recorded by the investigating officer on

37-aba537-2023.doc 1st June 2023, which indicates that a memorandum of understanding has been entered into between the parties and the applicant has promised to repay the amount.

4.

In that view of the matter, the applicant has made out a case for grant of relief under section 438 of the Criminal Procedure Code, 1973. Hence, following order:

a) In the event of arrest of the applicant in connection with C.R. No.841 of 2022 registered with Nigdi Police Station for offences punishable under sections 406, 409, 420 read with section 34 of the Indian Penal Code, 1860, he be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/-, along with one or two sureties in the like amount;

b) The applicant shall cooperate with the investigation as and when required.

5.

The anticipatory bail application stands disposed of in above terms.

(AMIT BORKAR, J.)