Vadlamudi Narasimha Rao v. The State Of Maharashtra

SA Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1694 OF 2023 Vadlamudi Narasimha Rao ... Applicant V/s.

The State of Maharashtra ... Respondent Mr. Omkar Kulkarni i/by Mr. Abhishek Gokhale, for Applicant.

Mrs. Rutuja Ambekar, APP for the State-Respondent. Mr. Vishal Rajwade, PSI, Uran police station, Raigad.

CORAM

: AMIT BORKAR, J.

DATED : JUNE 19, 2023 P.C.:

1.

Apprehending the arrest in connection with C.R.No.60 of 2022 registered with Uran police station for the offences punishable under Sections 420 and 506 of the Indian Penal Code (for short 'IPC'). The applicant is seeking relief under Section 438 of the Code of Criminal Procedure (for short 'Cr.P.C.). 2.

According to the prosecution, an agreement for sale of old vehicles was executed for sale consideration of Rs.9,50,000/- between the informant and the applicant. Subsequently, an agreement for sale silent diesel generator for sale consideration of Rs.12,00,484/- was also executed. The informant paid amount of Rs.12,00484/-. However, the applicant refused to hand over custody of two vehicles, one silent diesel generator and to transfer its ownership. Hence, he filed a report. The applicant approached

learned Sessions Judge seeking relief, his application has been rejected. Hence, the present application.

3.

Learned Advocate for the applicant invited my attention to the translation of alleged agreement dated 28 April 2020. Prima facie on perusal of the agreement, it appears that the agreement has been executed between the applicant and one Raju Chilukari for sale of vehicles. The informant is not a party to said agreement. Prima facie dishonest intention at the inception is missing. 4.

Considering over all facts, in my opinion, custodial interrogation of the applicant is not necessary. Hence, following order:

a) In the event of arrest in connection with C.R. No 60 of 2022 registered with Uran police station for the offences punishable under Sections 420 and 506 of IPC, the applicant shall be released on bail on furnishing P.R. bond of Rs.50,000/-, along with one or two sureties in the like amount.

b) The applicant shall remain present before the concerned police station on 21st, 23rd and 26th June, 2023 between 11:00 am to 2:00 pm thereafter, as and when called by the investigating officer.

c) The applicant shall not directly or indirectly make any inducement, threat or promise to any witness acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

d) The applicant shall not obstruct or hamper the police investigation and not to play mischief with the evidence collected or yet to be collected by the police. e) The applicant shall, at the time of execution of the bond, furnish his address and mobile number to the investigating officer, and the Court concerned, and shall not change the residence till the final disposal of the case.

5. The Anticipatory Bail Application stands disposed of. No cost.

(AMIT BORKAR, J.)