Vidhi Vinod Pandya v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.735 OF 2016 Vidhi Vinod Pandya ...Applicant

Versus

The State of Maharashtra

...Respondent

None for the Applicant Ms.S.S.Kaushik, A.P.P for the Respondent-State PSI - S.H.Sisale, Amboli Police Station, Mumbai. CORAM : REVATI MOHITE DERE, J.

DATE : 8th JULY, 2016 P.C. :

1.

None for the Applicant. Heard learned APP for the Respondent - State.

2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No.92 of 2016 registered with the Amboli Police Station, Mumbai, for the alleged offences punishable under Sections 380 r/w 34 of the Indian Penal Code.

3.

According to the complainant, the applicant had committed theft of his laptop, pursuant to which the aforesaid complaint was lodged.

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Learned APP states that the laptop has been handed over by the applicant and has been seized by the police under a panchanama. According to the learned counsel for the applicant, the complainant owed the applicant some money and as he was unable to pay the said amount, he himself had handed over the laptop to the applicant and had later filed a false complaint against her. He further states that pursuant to the interim order, the applicant was arrested and has been released on bail. 5.

Perused the papers. Considering the fact that the applicant had handed over the laptop to the police which has been seized under a panchanama, custody of the applicant is not necessary. Accordingly, the application is allowed and the applicant is granted pre-arrest bail on the following terms and conditions :

ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.10,000/- with one or two sureties in the like amount.

6.

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

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It is made clear that the observations made herein are prima facie and are confined to this application and the learned Judge to decide the case on its own merits, uninfluenced by the observations made herein. 8.

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