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Bombay High CourtABA/772/2017anticipatory bail granted

Vishal Shyamsunder Kalantri v. The State Of Maharashtra

2017-07-19Hon'Ble Justice Revati Mohite Dere3 pages

1/3 nsc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.772 OF 2017 Vishal Shyamsunder Kalantri ...Applicant

Versus

The State of Maharashtra and Anr.

...Respondents

Ms.Preeti Kashikar, for the Applicant Mr.S.R.Agarkar, A.P.P for the Respondent-State Sr.P.I. - Rajendra Patil, Koregaon Park Police Station, Pune. CORAM : REVATI MOHITE DERE, J.

DATE : 19th JULY, 2017 P.C. :

1.

Heard learned Counsel for the parties.

2.

By this Application, the Applicant seeks pre-arrest bail in connection with C.R.No.18 of 2015 registered with the Koregaon Park Police Station, Pune, for the alleged offences punishable under Sections 420 & 406 of the Indian Penal Code.

3.

Learned Counsel for the applicant submits that the dispute essentially is a civil dispute and that no offences as alleged are disclosed,

2/3 qua the applicant. She submitted that infact, the applicant is ready to pay a sum of Rs.9,50,000/- to the complainant, provided the complainant hands over possession of the flat to the applicant. 4.

Learned APP states that the complainant is also ready to pay back a sum of Rs.50,000/- to the applicant, without prejudice to his rights and contentions.

5.

Perused the papers. It appears that the dispute pertains to handing over possession of a flat. The dispute prima facie, appears to be a civil dispute.

6.

Be that as it may, in the peculiar facts of this case, custodial interrogation 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 executing P.R. Bond in the sum of Rs.15,000/- with one or two

3/3 sureties in the like amount ;

(ii) The applicant shall report to the Investigating Officer of the concerned Police Station as and when called, till the filing of the charge-sheet or for a period of three months from today, whichever is earlier.

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.)