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Bombay High CourtABA/671/2023disposed off

Ganesh Maruti Marathe v. State Of Maharashtra

2023-03-03Hon'Ble Shri Justice N. R. Borkar2 pages

914-aba-671-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.671 OF 2023 Ganesh M. Marathe ...Applicant V/s.

The State of Maharashtra

...Respondent.

Mr. Vikas Shivarkar for the Applicant Mr. P.H. Gaikwad-Patil, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

03.03.2023.

P.C. :

1.

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

2.

The applicant is apprehending his arrest in Crime No.425 of 2022 registered at Talegaon-Dabhade Police Station, PimpriChinchwad for the ofences punishable under Sections 406 and 420 read with 34 of the Indian Penal Code (IPC). 3.

I have heard the learned counsel appearing for the applicant and the learned APP for the respondent / State. 4.

According to the complainant, the co-accused Raju Dhore, who was introduced to her by the present applicant had shown her rosy picture and induced her to become partner in his business. According to the complainant, pursuant to said inducement, she had invested Rs.80 lakhs in his business. It is alleged that one day she found that said co-accused Raju Dhore had closed his business and ran away.

Dinesh S. Sherla 1/2

914-aba-671-23.doc 5.

In the supplementary statement, the complainant has stated that in May 2022, the present applicant had given her cheque of Rs.20 lakhs towards security for the money she had given to the co-accused Raju Dhore and it is further alleged that the present applicant had induced her to invest in the business of co-accused Raju Dhore.

6.

Prima facie, the dispute appears to be of civil nature. Considering the overall facts and circumstances, I am inclined to release the applicant 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 applicant in C.R. No. 425 of 2022 registered at Talegaon-Dabhade Police Station, PimpriChinchwad for the ofences punishable under Sections 406 and 420 read with 34 of the Indian Penal Code, he be released on bail on executing P.R Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one or two sureties in the like amount.

C) The applicant shall attend the concerned police station as and when called by the Investigating Ofcer and shall cooperate in the investigation.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2