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Bombay High CourtABA/839/2019anticipatory bail granted

Arjun Suresh Pival v. The State Of Maharashtra

2019-06-13Hon'Ble Shri Justice Sarang Vijaykumar Kotwal3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.839 OF 2019 Arjun Suresh Pival ] ... Applicant

Versus

The State of Maharashtra ] ... Respondent Ms. Neha Parte i/b Mr. R.D. Suryawanshi, Advocate for the Applicant. Mr. S.R. Agarkar, APP for the State/Respondent. CORAM :- SARANG V. KOTWAL, J.

DATE :- 13 JUNE, 2019.

P. C. :- 1.

The applicant is seeking anticipatory bail in connection with C.R.No.I-102/2019 registered with Upnagar Police Station, Nashik u/sec. 420, 384, 406, 506 r/w 34 of I.P.C.

2.

The FIR is lodged on 22/02/2019 at the instance of the first informant Lalit Patil. According to him, on 07/11/2018, he had gone to Jail Road. At that time, he met one Sunny Pagare and the present applicant. They inquired with the first informant about Mahindra 500 vehicle. The first informant told them that it belonged to one Latif Shaikh and he had kept the car with him for a few days. The

2 25- ABA No.839-19.doc co-accused Sunny Pagare requested the first informant to give that car to him for a few days as he had to go out with his family. The first informant gave that car to Sunny Pagare at his request. However, subsequently Sunny Pagare refused to return the vehicle and demanded Rs.2,00,000/- for the same. The first informant panicked and gave Rs.1,80,000/- to him. However, the car was not returned. Therefore, this FIR was lodged.

4.

Heard Ms. Neha Parte, Ld. Counsel for the Applicant and Mr.S.R. Agarkar, Ld. APP for the State/Respondent. 5.

Considering the allegations in the FIR, it is quite clear that the entire offence is committed by Sunny Pagare. The only allegations against the present applicant is that he was present with Sunny Pagare when the car was seen by both of them. Beyond that there are no allegations. Therefore, the custodial interrogation of the applicant does not appear to be necessary. He deserves the protection of anticipatory bail. Hence, the following order.

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ORDER

1.

In the event of his arrest in connection with C.R.No.I-102/2019 registered with Upnagar Police Station, Nashik, the Applicant be released on bail on his executing P.R. Bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one or two sureties in the like amount.

2.

Application stands disposed of accordingly.

(SARANG V. KOTWAL, J.)