Avinash Dagdu Gaikwad v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.535 OF 2017 Avinash Dagdu Gaikwad ...Applicant Vs.

The State of Maharashtra

...Respondent

Mr.Niranjan Mundargi i/b. Ms Sapna Rachure, Advocate, for the Applicant Mr.Deepak Thakare, APP, for the Respondent - State PSI - Amol More, Khandeshwar Police Station, Navi Mumbai. CORAM : REVATI MOHITE DERE, J.

DATE : 13th APRIL, 2017 P.C.

1.

Heard learned counsel for the Applicant and the learned APP for the Respondent - State.

2.

By this Application, the Applicant seeks pre-arrrest bail in connection with C.R.No.42 of 2016 registered with the Khandeshwar Police Station, Navi Mumbai, for the alleged offences punishable under Sections 420, 467, 468, 471 r/w 34 of the Indian Penal Code.

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Learned counsel for the Applicant states that the Applicant is in nowhere concerned with Pramod Waghmare and the transactions entered into by him with three Banks. He submitted that the Applicant only disclosed to Pramod Waghmare that loan could be taken from the Corporation Bank. 4.

Learned APP does not dispute the aforesaid.

5.

Perused the papers. It appears that the alleged transactions were entered into by Pramod Waghmare and Jyoti Waghmare with 3 banks. It is not in dispute that the applicant only disclosed to Pramod that he could obtain a loan from the Corporation Bank where he too had taken a loan from. Apart from the said fact, learned APP has not been able to point out any other material, qua the applicant.

6.

Accordingly, the interim protection granted vide order dated 31st March, 2017, stands confirmed. The application is allowed and the applicant is granted pre-arrest bail on the following terms and conditions :

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ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on executing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount ;

(ii) The applicant shall report to the Investigating Officer of the concerned Police Station, as and when called for, till the filing of the charge-sheet;

(iii) The Applicant shall co-operate with the Investigating Agency. 7.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

8.

It is made clear that the observations made herein are prima facie and are confined to this application.

9.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.