Vishal Prakash Pokale And ORS. v. State Of Maharashtra

21-aba-593-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.593 OF 2022 1.

Vishal P. Pokale 2.

Nitin J. Dhamale 3.

Mrs. Gauri N. Dhamale ...Applicants V/s.

The State of Maharashtra

...Respondent.

Mr. Mahadeo A. Choudhari for the Applicant.

Mr. P.H. Gaikwad Patil , APP for the Respondent/State. Mr. Aniket Nikam for the Complainant.

CORAM

:

N.R. BORKAR, J.

DATE :

03.04.2023.

P.C. :

1.

This is an application under Section 438 of Code of Criminal Procedure for anticipatory bail.

2.

The applicants are apprehending their arrest in Crime No.10 of 2022 registered at Faraskhana Police Station, Pune for the ofence punishable under Sections 420 read with 34 of the Indian Penal Code.

3.

I have heard the learned counsel for the applicants, the learned APP for the respondent/ State and the learned counsel for the complainant.

4.

According to the complainant, the applicant Nos.2 and 3 agreed to purchase the fat owned by him and his other partners Dinesh S. Sherla 1/2

21-aba-593-22.doc for the total consideration of Rs.56,50,000/-. It is alleged that the applicants, however, got executed the Sale Deed from them by mentioning consideration price as Rs.20,50,000/- 5.

I have perused the FIR. The dispute between the parties appears to be of civil nature. Considering the overall facts and circumstances, I am inclined to release the applicants on anticipatory bail. In the result the following order is passed.

ORDER

A) The Application is allowed.

B) In the event of arrest of the applicants in C.R. No. 10 of 2022 registered at Faraskhana Police Station, Pune for the ofence punishable under Sections 420 read with 34 of the Indian Penal Code, they be released on bail on executing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) each with one or two sureties in the like amount. [N.R.BORKAR, J.] Dinesh S. Sherla 2/2