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Bombay High CourtABA/1668/2022disposed off

Deep Singh Rathor v. The State Of Maharashtra

2022-09-14Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 5 ABA 1668-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1668 OF 2022 Deep Singh Rathor ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr.Govind Ghogare for the applicant.

Mrs.Anamika Malhotra, APP for the State.

API Shri Tolekar from Nalasopara police station CORAM: BHARATI DANGRE, J.

DATED : 14th SEPTEMBER, 2022 P.C:- The learned APP state that in pursuance of the directions issued by this Court, the applicant has placed before the Investigating Officer one note book where certain entries are noted in respect of the gold that is received and this include two entries of 476.060 and 450 gms.

Apart from this, there are certain other entries in the said note book which refer to name of the persons and the gold ornaments handed over by the said customers.

The case against the present applicant is that he has duped 31 customers and the Investigating Officer has collected Tilak

2/2 5 ABA 1668-22.doc the proof from these customers to the effect that the gold ornaments/amount has been handed over to the applicant. He has settled 19 persons, but the Investigating Officer specifically state through the learned APP that he is not rendering his co-operation in the investigation as he has blankly stated that there are no other entries with him. Pertinent to note that the customers are identified by the Investigating Officer on the basis of some proof in their hand or delivering their gold ornaments to the complainant. In the wake of the above, custodial interrogation of the applicant is very much necessary since he is accused of offence punishable u/s.406 and 420 of the IPC.

Application is rejected.

( SMT. BHARATI DANGRE, J.) Tilak