Dhaneshwar B. Kesarwani v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1748 OF 2022 ALONGWITH INTERIM APPLICATION NO.2536 OF 2022 IN ANTICIPATORY BAIL APPLICATION NO.1748 OF 2022 Mr.Dhaneshwar B. Kesarwani ] ..

Applicant vs.

State of Maharashtra ] ..

Respondent Mr.Dinesh Tiwari a/w Tanmay Karmarkar i/b Dinesh Tiwari & Associates for Applicant.

Ms.Kajal Singh for Intervenor.

Smt.Anamika Malhotra, APP for State.

API Nilesh Patil, Amboli Police Station present. CORAM :

BHARATI DANGRE, J DATE :

2ND AUGUST, 2022.

P.C.

1] The Applicant is apprehending arrest in CR No.72/2022 which Digitally signed by RAJSHREE KISHOR MORE Date:

2022.08.05 13:06:44 +0530 invoke offences under Sections 255, 256, 257, 259, 260, 120-B, 420, RAJSHREE KISHOR MORE 406, 465, 467, 468, 471, 506(II) r/w 34 of the Indian Penal Code 2] Heard the learned counsel for the Applicant. He submits that the Applicant is a bonafide purchaser of the subject premises in regards to which complaint has been filed by one Azizoor Rehman Faiz. He 1/3

submits that by the Sale Deed dated 05.12.2014 he has purchased the property from legal representative of Mohd. Hussain Kaluwala and subsequently leased out to one Vijay.

3] While dealing with the application of Mohammed Uzair Umar Kaluwala & Others on 20.07.2022, the contention of the complainant as well as counsel for the Applicants was specifically noted and in the chain of events what surfaced was that the applicants were occupying the distinct land which was located on City Survey No.650/I/A and the applicant in fact was the owner of Galas located in the city survey Nos.582, 583 and 585 and name of predecessor of the applicant was already recorded in Annexure II. On this ground, protection was refused to the main accused persons.

4] As far as the present applicant is concerned, the heirs of Mohd. Hussain Kaluwala had sold the property to the Applicant by by Agreement of Sale and he being the bonafide purchaser deserves protection from arrest. Hence, the following order : (a) Application is allowed.

(b) In the event of arrest in connection with C.R.No.72/2022 registered with Amboli Police Station, the applicant Mr.Dhaneshwar B. Kesarwani shall be released on bail on furnishing P.R. bond to the extent of Rs.25,000/- with one or two sureties of the like amount.

(c) The applicant shall attend the concerned Police Station on 05.08.2022 and 06.08.2022 and thereafter as and when called for.

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(d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence. [BHARATI DANGRE, J] 3/3