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Bombay High CourtABA/1621/2023allowed

Savita Raju Bansode And ANR v. The State Of Maharashtra

2023-07-10Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

RAMESHWAR L DILWALE 38.ABA.1621.23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by RAMESHWAR LAXMAN DILWALE Date: 2023.07.15 11:52:41 +0530 RAMESHWAR LAXMAN DILWALE CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1621 OF 2023 1.Savita Raju Bansode 2.Akshay Anil Sasane ...Applicants

Versus

The State Of Maharashtra

...Respondent

....

Mr. Pradeep Salgar, Advocate for the Applicant. Mr. S.H. Yadav, APP for the Respondent - State. Mr. Rajesh P. Tathe, Vijapur Naka Police Station. ...

CORAM : ANUJA PRABHUDESSAI ,J.

DATED : 10th JULY, 2023.

P.C 1.

This is an Application under Section 438 of Cr.P.C. filed by the aforesaid applicants apprehending their arrest in C.R. No. 201 of 2023 registered with Vijapur Naka police station, Solapur for offences punishable under Sections 504 & 506 of IPC and Sections 39 and 45 of the Maharashtra Money-Lending (Regulation) Act, 2014.

2.

The aforesaid crime was registered pursuant to the FIR lodged by Smt. Vimal Dipak Gore, mother of the deceasedPrashant Gore. The facts narrated in the FIR prima facie reveal that son of the First Informant had gone missing in the year 2019. The First Informant claims that she had found a suicide note

RAMESHWAR L DILWALE 38.ABA.1621.23.doc indicating that the deceased had left the house as he was threatened by some of the persons from whom he had borrowed money. The said note disclosed the names of these Applicants and it indicates that the Applicants had lent him money in the year 2018, which was to be repaid with interest. There is no prima facie material to indicate that the Applicants were involved in the business of money lending.

3.

Considering above facts and circumstances, this Court by Order dated 27th June, 2023 granted Interim protection to the Applicants. Learned APP states that pursuant to the said order, the Applicants have reported to the Investigating Officer and that they have been interrogated. Learned APP states that presence of the Applicants is not required for custodial interrogation. Hence, Interim Bail granted to the Applicants by Order dated 27th June, 2023 stands confirmed.

4.

The Applicants shall report to the Investigating Officer as and when required.

5.

Application stands disposed of.

(ANUJA PRABHUDESSAI, J.)