Harvindersingh Jogindersingh Vijan And ANR v. The State Of Maharashtra

RNG - 1 2-ABA696.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.696 OF 2017

1. Harvindersingh Logindersingh Vijan

2. Jogindersingh Vijan .. Applicants vs State of Maharashtra .. Respondent Mr.Raja Thakare I.b Mr.Shreeram Shirsat for Applicants Mr.Ajay Patil APP for State.

CORAM :

PRAKASH D. NAIK, J.

DATED :

01 July 2017.

P.C. :

1.

The Applicants are apprehending arrest in connection with C.R.No.575 of 2016 registered with MIDC Police Station for the offence punishable under sections 120B,420,465, 467, 468,471 of the IPC.

2.

The Applicants were granted interim protection vide order dated 20.4.2017. The Applicants were also directed to attend the Investigating Officer from 20.4.2017 to 29.4.2017. Learned Advocate for the Applicants submitted that the said directions are complied with. The statement is not disputed by the learned APP.

RNG - 2 2-ABA696.17.doc 3.

It is the prosecution case that one Usmanbhai Lakhdawala had provided industrial premises which is the subject matter of the complaint and which is owned by one Beneton company to the Ist informant for conducting business. The informant thereafter obtained electricity connection in his name. The informant conducted the business in the said premises up to the year 1997 and thereafter he abandoned the said premises. However, electricity connection continued in the name of the Ist Informant. It is alleged that he received information that the electricity meter is transferred in the name of the Applicants. 4.

While granting interim protection to the Applicants, this Court had observed that except transfer of electricity meter in the name of the Applicants allegedly by using a fabricated letter head, there are no other allegations against the Applicants. It is further observed that the Ist informant was not the lawful owner of the premises and other allegations that the transfer deeds in the name of the Applicants were carried out by forging the

RNG - 3 2-ABA696.17.doc signatures and documents of the Ist Informant. In the circumstances, the Applicants were directed to attend the police station.

5.

In the light of the aforesaid observations and on a perusal of the material on record, custodial interrogation of the Applicants is not necessary.

6.

Hence, the following order :

O R D E R

(i) Anticipatory Bail Application No.696 of 2017 is allowed;

(ii) Interim order dated 20.4.2017 passed by this Court is hereby confirmed.

(iii) The Applicants are directed to report at MIDC Police Station as and when called for.

(iv) Application stands disposed of.

(PRAKASH D. NAIK, J.)

RNG - 4 2-ABA696.17.doc