Rakesh Sharma v. The State Of Maharashtra

Vishal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.798 OF 2015 Rakesh Sharma ... Applicant vs.

The State of Maharashtra ... Respondent Mr. Jitendra Shukla, for the Applicant.

Ms. Veera Shinde, APP for Respondent - State. IO. Ms. S.S. Thorat (WPSI), Sahakar Nagar police stn. Present. Mrs. Rajeshwari Satpute, the complainant present.

CORAM:

MRS.MRIDULA BHATKAR, J.

DATE:

JULY 01, 2015 P.C.:

.

The application is moved for pre arrest bail as the applicant/accused is apprehending arrest for the offence punishable under Section 420 read with 34 of the Indian Penal Code. The complainant Mrs. Rajeshwari Satpute has taken a loan of Rs. 3,85,000/- from a Finance Company where the applicant/accused was working as a Manager. She has secured loan to purchase a flat. The company was supposed to pay a cheque to the builder. However, 1 / 3

though it was shown as paid in the account of the builder, it was a fake account and the builder never received the amount. However, E.M.I. towards the satisfaction of the loan recovered from the complainant by the financial institution. When she found the truth, she gave complaint.

2.

The learned counsel for the applicant/accused has submitted that, the applicant was working as Manager with the said financial institution. However, he was not in the employment of the company when the incident has taken place. He further submitted that as on today the company has paid the entire amount to the complainant and settled the claim outside the Court. Now the complainant has no grievance against the company. The investigating officer is present. He identified the complainant. On verification the prosecutor submits that the complainant agrees with the submissions of the learned counsel for the applicant/accused that the entire amount is paid to her and all the original documents are now handed over to the investigating officer by the company. 3.

In view of this, the order of the interim bail dated 10th 2 / 3

June, 2015 is hereby confirmed on the same terms and conditions. Now the applicant/accused shall attend the police station only once on 7th July, 2015 in between 6.00 pm to 7.00 pm. 4.

The anticipatory bail application stands disposed of in these terms.

(MRS.MRIDULA BHATKAR, J.) 3 / 3