Lahanu Rakhmaji Bidgar v. The State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1084 OF 2019 Ganesh Lahanu Bidgar .... Applicant versus The State of Maharashtra .... Respondent WITH ANTICIPATORY BAIL APPLICATION NO.1041 OF 2019 Lahanu Rakhmaji Bidgar .... Applicant versus The State of Maharashtra .... Respondent WITH CRIMINAL APPLICATION NO.961 OF 2019 IN ANTICIPATORY BAIL APPLICATION NO.1084 OF 2019 Mrs.Sugandha Satish Tagad .... Applicant/ Intervener
IN THE MATTER BETWEEN :
Ganesh Lahanu Bidgar .... Applicant versus The State of Maharashtra .... Respondent .......
Nesarikar
2 / 6 • Mr.Avinash Avhad, Advocate for Applicant.
• Mr.Saurabh V. Patil, Advocate for Intervener in APPP No.961/19.
• Mr.Prashant Jadhav, APP for the State/Respondent. • PN Mr.Dhananjay R. Theurkar, Shirur Police Station, Pune, present.
CORAM : SARANG V. KOTWAL, J.
DATE : 29th JULY, 2019 P.C. :
1.
Both these applications for anticipatory bail are decided by this common order because they arise from the same C.R.No.99/19 registered with Shirur Police Station, Pune, under sections 384, 385, 354 r/w 34 of the Indian Penal Code. 2.
The Applicant Ganesh Lahanu Bidgar in Anticipatory Bail Application No.1084/19 is the son of other Applicant Lahanu Rakhmaji Bidgar in Anticipatory Bail Application No.1041/19.
3.
The FIR is lodged on 19/02/2019 by one Sugandha Satish Tagad. According to her the Applicants gave loan to the
3 / 6 first informant to the tune of Rs.85,000/-. It is her case that the Applicants started claiming exorbitant interest and was harassing her for repayment of the loan. It is also mentioned in the FIR that on the pretext of registering a mortgage deed the Applicants got the sale deed registered in their favour thereby cheating her and depriving her of her lawful right to the property. Though the said document was executed in the year 2009, she came to know about the same much later when she tried to raise loan against that property. It is further her case that the Applicant Ganesh Bidgar on the pretext of giving loan was behaving indecently with her. According to the first informant because of this constant harassment she tried to commit suicide. On these allegations FIR was lodged by the first informant.
4.
Both these Applicants were granted interim protection during the pendecy of these applications.
5.
Today, the original first informant is represented
4 / 6 through her counsel. The first informant has filed criminal Intervention Application No.961/19 in Criminal Anticipatory Bail Application No.1084/19.
6.
Both the learned Counsel for the Applicants as well as the Intervener make a joint statement that the informant and the Applicants have settled the matter between themselves. The land is reconveyed in the name of the first informant. The possession was always with the first informant and as on today no dispute remains between the parties.
7.
It is mentioned in paragraph Nos.6, 7, 8 and 9 of the intervention Application as follows;
"6) It is submitted by the Intervener that the present complaint was lodged due to misunderstanding between the First informant and the Applicant and co-accused person with regards to the piece of land bearing survey no 36/02. However, the possession of the said land is with the intervener/First Informant and the dispute between both the parties have been settled amicably.
5 / 6 7) It is further stated by the First Informant/ Intervener that she does not wishes to continue with the complaint lodged by her due to communication indifferences.
8) It is humbly stated by the Intervener that she has absolutely no objection if this Hon'ble court grants the original Applicant and the co-accused Anticipatory bail and prevent them from being abused in society at large.
9) It is stated by the Intervener that she is in a good state of health. Further, she is stating all the facts without any pressure and on her free will she is filing the present application before this Hon'ble court."
8.
The learned APP on instructions of Investigating Officer does not dispute this statement. In this view of the matter, custodial interrogation of the Applicant is not necessary. Hence, the following order :
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ORDER
(i) In the event of their arrest in connection with C.R.No.99/19 registered with Shirur Police Station, Pune, the Applicants are directed to be released on bail on their furnishing PR bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) each, with one or two sureties each, in the like amount.
(iii) Both the Applications for anticipatory bail and the application for intervention stand disposed of accordingly.
(SARANG V. KOTWAL, J.)