Naresh Atul Gandhi And ORS v. The State Of Maharashtra And ORS

1 / 2 914-ABA-703-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.703 OF 2019 Naresh Atul Gandhi & Ors.

.... Applicants versus The State of Maharashtra & Ors.

.... Respondents .......

• Mr.Jaywant R. Avhad, Advocate for Applicants. • Mr.S.H. Yadav, APP for the State/Respondent.

CORAM : SARANG V. KOTWAL, J.

DATE : 06th JUNE, 2019 P.C. :

1.

The Applicants are seeking transit anticipatory bail in connection with C.R.No.262/18 registered with Saran Police Station, District Faridabad, State Haryana, under sections 420, 467, 468, 471, 506 r/w 120-B of the Indian Penal Code. 2.

Heard learned Counsel Mr.Jaywant Avhad for the Applicants and learned APP Mr.S.H. Yadav for the State. 3.

The FIR in the said offence is not annexed to this application. However, there are notices u/s 41(c) of Cr.P.C. In those notices it is mentioned that many victims are fraudulently Nesarikar

2 / 2 914-ABA-703-19.odt defrauded and a large sum is taken by the Applicants. It is not possible to comment on the role of each of the Applicants in the absence of the FIR and other investigation papers. 4.

In any case, the offence is registered in the State of Haryana and it would be proper for the Applicants to approach the competent Court in that State. It is also important to mention that in the past these Applicants had approached the Sessions Court at Nashik and had obtained protection for a period of three weeks. The order clearly mentions that they were protected from arrest only in the territory of this State for a period of 3 weeks from the date of order i.e. 16/03/2019. Since March 2019 the Applicants have not taken any steps neither have they approached appropriate Court in Haryana State. In the absence of material in respect of investigation, I am not inclined to grant any interim protection to the Applicants. In this view of the matter, the application stands rejected. (SARANG V. KOTWAL, J.)