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Bombay High CourtABA/1640/2023allowed

Ramesh Kesu Chavan v. State Of Maharashtra

2023-06-14Hon'Ble Shri Justice Amit Borkar2 pages

1-aba1640-2023.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1640 OF 2023 Ramesh Kesu Chavan ... Applicant V/s.

The State of Maharashtra ... Respondent Mr. Shailesh Kharat for the applicant.

Mr. Amit A. Palkar, APP for the respondent/State. CORAM :AMIT BORKAR, J.

DATED :JUNE 14, 2023 P.C.:

1.

This is an application under Section 438 of the Criminal Procedure Code, 1973 seeking transit anticipatory bail in Case No.205 of 2022 registered with New Market Police Station, District Kolkata, West Bengal for offences under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code, 1860.

2.

The applicant received notice under Section 41A of the Criminal Procedure Code, 1973 from New Market Police Station, Kolkata, West Bengal. The applicant, therefore, approached Sessions Court, Pune for transit anticipatory bail which has been rejected by the learned Sessions Judge by order dated 6 June 2023.

3.

According to the applicant, due to their earlier litigation and

1-aba1640-2023.doc enmity, the applicant has been falsely implicated. He invited my attention to the civil suit filed by the applicant against the wife of the informant. In the said suit, the wife of the informant has not filed written statement.

4.

Considering the said issue, in my opinion, it would be in the interest of justice that the applicant is protected for a limited period. Hence, following order.

a) In the event of arrest of the applicant in Case No.205 of 2022 registered with New Market Police Station, District Kolkata, West Bengal for offences under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code, 1860, he be released on transit anticipatory bail for period of three weeks from today on furnishing P.R. bond in the amount of Rs.25,000/- with one or two sureties in the like amount;

b) This protection is granted only for a period of three weeks from today to enable the applicant to approach competent Court for seeking appropriate relief.

5.

The anticipatory bail application stands disposed of in above terms. No costs.

(AMIT BORKAR, J.)