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Bombay High CourtABA/1754/2021disposed off

Mihir Dinesh Pandya v. The State Of Maharashtra

2021-08-10Hon'Ble Smt. Justice Bharati Dangre3 pages

1/3 31 ABA-1754-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1754 OF 2021 Mihir Dinesh Pandya ..

Applicant

Versus

State of Maharashtra ..

Respondent ...

Mr.Vikramsing Parmar for the Applicant.

Mr.Vasant N. More for the Orig. Complainant.

Ms.Rutuja Ambekar, APP for the State.

...

CORAM: BHARATI DANGRE, J.

DATED : 10th AUGUST, 2021 P.C:- 1.

Advocate Vasant More put his appearance for the complainant and advanced his submissions in support of the complainant.

2.

By order dated 28/07/2021, investigating machinery was directed not to arrest the applicant in the backdrop of the accusations in the complaint, which allege that the complainant had entered into a contract with the present applicant for supply of Oxygen Concentrator machine and, accordingly, an order was placed for the said machine with Haryandi Surya Pramana @ Rie and the money was transmitted to the said person in Indonesia. Learned counsel for the applicant has placed on record an affdavit sworn on 07/08/2021 where he also annexed the copy of the complaint

2/3 31 ABA-1754-21.doc fled against said Haryandi Surya Pramana @ Rie with the Cyber Crime Cell.

3.

Learned APP states that the investigation has revealed that the applicant has transmitted an amount of Rs.14,00,978/- in the account of Haryandi Surya Pramana @ Rie. This fortify the stand taken by the applicant that it was a business deal and even he is duped by his Indonesian Counterpart for which he has initiated the proceeding with the Consulate wherein Haryandi Surya Pramana @ Rie has written to the Consulate that he will settle the issue with the applicant as early as possible and he also admit that he misused the name of CV.Kanaya Mandiri Lestari, but the issue will be resolved amicably. Learned APP affrms the said position. The applicant is, therefore, entitled for protection from arrest in the present C.R., subject to the stipulation that he shall report to the Police Station on frst Monday of every month between 10.00 a.m. to 2.00 p.m., till framing of charge. : ORDER :

(a) The application is allowed.

(b) In the event of arrest in C.R.No.162 of 2021 registered with Mundhwa Police Station, applicantMihir Dinesh Pandya shall be released on bail on furnishing P.R. bond to the extent of Rs.50,000/- with one or two sureties of the like amount.

(c) The applicant shall report to the concerned police station on frst Monday of every month between 10.00 a.m. to 2.00 p.m., till framing of charge. (d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person

3/3 31 ABA-1754-21.doc acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Offcer and shall not tamper with the prosecution evidence. (SMT. BHARATI DANGRE, J.)