Ajit Patil Kalbhor v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPTORY BAIL APPLICATION NO. 1096 OF 2017 Ajit Patil Kalbhor ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Vikas Balasaheb Shivarkar for the Applicant Ms. P. P. Shinde, A.P.P for the Respondent-State API Mr. R. D. Pardeshi from Lonikalbhor Police Station, Pune, is present CORAM : REVATI MOHITE DERE, J.

FRIDAY, 14 th JULY, 2017 P.C.

1.

Heard learned Counsel for the parties.

2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No. 218 of 2017 registered with the Lonikalbhor Police Station, Pune, for the alleged offences punishable under Sections 408 r/w 34 of the Indian Penal Code.

3.

Learned Counsel for the applicant states that the applicant's father was running a poultry farm belonging to some other person, pursuant 1/3

to an Agreement since 2014. He submitted that under the said Agreement, it was the responsibility of the owners to supply the feed to the poultry farm. He relied on clause (c) of the said Agreement, which is on page 42 of the application. Learned Counsel submits that no knowledge can be attributed to the applicant that the property was stolen property. 4.

Learned A.P.P states that the statement of the co-accused shows that he had supplied the feed to the applicant. 5.

Perused the papers. It appears that the applicant's father was running a poultry farm belonging to some other person, pursuant to an Agreement since 2014. Under the said Agreement, it was the responsibility of the owners to supply the feed to the poultry farm. The only material against the applicant, appears to be the statement of the co-accused. 6.

Considering the aforesaid, custodial interrogation of the applicant is not required. Application is allowed and the applicant is granted pre-arrest bail on the following terms and conditions : 2/3

ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on executing P.R. Bond in the sum of Rs.20,000/- with one or two sureties in the like amount;

(ii) The applicant shall report to the Investigating Officer of the concerned Police Station as and when called;

(iii) The applicant shall not contact or attempt to influence the complainant, witnesses or any person concerned with the case; (iv) The applicant to cooperate with the conduct of the trial. 7.

The application is accordingly disposed of.

8.

It is made clear that the observations made herein are prima facie, for the purpose of deciding this application. 9.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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