Sadhana Shailesh Shah v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 717 OF 2020 Sadhana Shailesh Shah ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Ashutosh Gole for the Applicant Mr. S. R. Shinde, A.P.P for the Respondent-State CORAM : S. S. SHINDE, J.

THURSDAY, 26 th MARCH 2020 P.C. :

Not on Board. On mentioning, taken on Board. Registry to register the application.

It is submitted by the counsel appearing for the applicant that the Sessions Court had rejected the prayer of the applicant for anticipatory bail. Copy of the said order is not on record. Learned counsel appearing for the applicant invites attention of this Court to the contents of the FIR and submits that the allegations would make it clear that the dispute is of civil nature. It is submitted that there is an inordinate delay in lodging the FIR. It is further submitted that there 1/3

was Power of Attorney in favour of the applicant; there was also agreement. On that basis, applicant entered into transaction. On the other hand, learned A.P.P appearing for the State invites attention of this Court to the allegations of the FIR and submits that there are serious allegations which would attract ingredients of Section 420 of the Code of Criminal Procedure and therefore, this Court may not entertain this application.

Upon hearing counsel appearing for the applicant, learned A.P.P appearing for the State and upon careful consideration of the allegations in the FIR and in particular, that the earlier 7/12 extract of the year 2003 has been used while entering into the transaction, by suppressing 7/12 extract of the year 2010, wherein the name of the informant is appearing, which allegations, prima facie disclose the ingredients of Section 420 and other sections mentioned in the FIR. No case is made out to entertain this application. Hence, the application stands rejected.

Parties to act upon ordinary copy of this order, duly 2/3

authenticated by the Senior Private Secretary. S. S. SHINDE, J.

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