Nitin Natwarlal Shah And ANR v. The State Of Maharashtra

57-ABA.503.2019.doc Tauseef

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.503 OF 2019 Mr. Nitin Natwarlal Shah & Anr.

...Applicants V/S.

The State of Maharashtra Respondent ...

Mr. M.S. Mohite i/b. Amol Patankar for Applicants. Mr.A.A. Siddiqui a/w. Farzana Sawant i/b. Mateen Sheikh, Intervener in APPP/415/2019.

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

Mr. Vilas Kadam, PI Kandivali Police Station. -

CORAM

: SANDEEP K. SHINDE, J.

DATE : 03 rd FEBRUARY 2020.

P.C. :

1.

Heard.

2.

Prime-facie dispute between the applicant and the complainant was arising from the sale deed executed by the applicant in favour of the complainant on 02 February 2017. Even assuming the dispute is characterised as offence of cheating, custodial investigation of the applicant, is not necessary, because case is based on the documentary evidence. Application is allowed and hence the following order:

ORDER

(i)In the event of arrest of the Applicant, he is directed to be released on bail on executing Pg 1 of 2

57-ABA.503.2019.doc P.R. Bond for the sum of Rs.25,000/- with one or more sureties in the like amount;

(ii)The Applicant shall furnish the particulars of his residential address as well as permanent address and contact details to the investigating officer forthwith;

(iii)The Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case;

(iv)Applicant shall report to the investigating officer twice a month on each Monday of 2nd & 4 th week commencing from February 2020.

5.

It is made clear that observations made hereinabove shall be construed as an expression of opinion only for the purpose of granting bail and the same shall not in any way influence the trial in other proceedings.

(SANDEEP K. SHINDE, J.) Pg 2 of 2