Samson Pravin Parakhe v. The State Of Maharashtra

1 1.843.18 aba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 843 OF 2018 Samson Pravin Parakhe .....Applicant V/s.

The State of Maharashtra .....Respondent Mr. Aniket Nikam i/b Mr. Aashish Satpute advocate for the applicant Mr. N. B. Patil APP for the State Mr. Sachin Deokar h/f Mr. Yogiraj Purwant for the intervener CORAM : NITIN W. SAMBRE, J.

DATE :

JANUARY 25, 2019.

P.C.

In Crime No. 884/2017 registered with Bhadrakali Police Station, Dist. Nashik for offence punishable under Sections 420, 406, 409, 504, 506 r/w 34 of the Indian Penal Code, applicant is seeking pre-arrest bail.

The submission of Mr. Nikam, the learned counsel for the applicant is, applicant is neither named in the F.I.R. nor the other witnesses alleges any specific role of direct participation in the alleged crime by hiring vehicles. According to him, even otherwise,

2 1.843.18 aba.doc the custody is not warranted as in the backdrop of nature of offence, the remedy lies before the Civil Court.

The learned APP opposed the claim on the ground that in the investigation there is material to infer that the vehicles which were hired at the instance of the applicant. All the vehicles are in the custody of the applicant which he has not returned to the original owners who gave it on hire through co-accused to applicant. Upon perusal of investigation papers and statement of coaccused what could be noticed is vehicles in question were taken on hire through the main accused by the present applicant and applicant has neither paid the hire charges nor returned the vehicles in question. Apart from above, there are antecedents of similar nature against the applicant.

There is sufficient material to prima facie infer the involvement of the accused in the crime in question. No case for pre-arrest bail is made out. Hence, application stands rejected. [NITIN W. SAMBRE, J.]