Surabhe Mishrra @ Chetna Uday Ilpate And ANR. v. The State Of Maharashtra

2-ABA-1398-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1398 OF 2021 1] Surabhe Mishra @ Chetna Unday Ilpate 2] Jeetraj @ Bobby Vedprakash Puri ...

Applicants

Versus

The State of Maharashtra ...

Respondent .........

Mr. Pavan Patil for the applicants.

Ms. Veera Shinde, APP for the State.

Mr. Ganesh Pawar instructed by Mr. Bhalchandra Shinde for the Intervenor.

.........

CORAM : N.R. BORKAR, J.

DATED : 15 DECEMBER 2022 P.C. :- .

This is an application filed under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail. 2.

The applicants are apprehending their arrest in Crime No. 242 of 2021 registered at Hinjewadi Police Station, for the offences punishable under Sections 420, 406 r/w. 34 of Indian Penal Code. 3.

I have heard the learned Counsel for the applicants, the learned APP for the State and the learned Counsel for the intervenor. 4.

According to the complainant, the applicants offered him partnership in their hotel business and for that purpose they asked him to Kanchan P Dhuri 1 / 2

2-ABA-1398-2021.odt pay them Rs.50 Lakhs. According to the complainant, on the basis of said offer, he paid them Rs.52,95,400/-. It is alleged that the applicants misappropriated the said amount.

5.

The learned Counsel for the applicants submits that pursuant to the order passed by this Court dated 12 September 2022, the applicants have deposited Rs.19 Lakhs.

6.

Prima facie, the dispute between the parties appears to be of civil nature. I am therefore inclined to grant anticipatory bail to the present applicants. The interim anticipatory bail granted by Order dated 28 June 2021 is hereby confirmed.

7.

The amount deposited by the applicants shall be invested in the FDR of any Nationalised Bank.

( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date:

2022.12.30 11:56:19 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2