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Bombay High CourtABA/1914/2021allowed

Sumandevi Satishkumar Agarwal And ANR v. The State Of Maharashtra

2024-04-10Hon'Ble Shri Justice Sandeep V. Marne3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1913 OF 2021 Deepak Satishkumar Agarwal ....Applicant V/S The State of Maharashtra & Anr.

....Respondents WITH ANTICIPATORY BAIL APPLICATION NO.1914 OF 2021 Sumandevi Satishkumar Agarwal & Anr.

....Applicants V/S The State of Maharashtra & Anr.

....Respondents ________ Mr. Dhanraj A. Lodha i/b Mr. Ashish Verma for the Applicants.

Mr. Ashok S. Gawai, APP for Respondent No.1/State. Mr. Shahen Pradhan for Respondent No.2.

__________ CORAM: SANDEEP V. MARNE, J.

DATE : 10 APRIL 2024.

P.C.:

These Applications are for grant of pre-arrest bail filed under provisions of section 438 of Code of Criminal Procedure in connection with Crime No.I-262 of 2021 for offences punishable under sections 420, 415, 417, 418, 423, 425, 426, 427, 463, 464, 466, 467, 468, 471, 474, 120-B, 13, 199 and 200 read with section 34 of the Indian Penal Code registered with Chhavani Police Station, Malegaon.

The allegation against the Applicants is that the concerned land was mutated in the name of M/s. Supreme Transports Organisation Private 1 of

k 2/3 Limited through Shri Satishkumar Kishanlala Agarwal and others. After death of Satishkumar Kishanlala Agarwal, the Applicants got their individual names mutated to the record of rights of the concerned land vide Mutation Entry No.41509.

That the Applicants have filed an Affidavit dated 9 April 2024 bringing on record 7/12 extract of land in question which now shows that name of the Company Supreme Transport Organisation Private Limited has been restored in revenue records. In that sense the grievance of the Complainant is met with.

The Applicants are on interim protection granted by this Court since 31 August 2021. Considering the fact that the name of the Company is already restored in the revenue records, I am of the view that the interim protection granted in favour of the Applicants needs to be made absolute. The Anticipatory Bail Applications are accordingly allowed in terms of the following order:

O R D E R

i) The Anticipatory Bail Applications are accordingly allowed by making interim protection granted in favour of the Applicants by order dated 31 August 2021 absolute.

ii) As such, in the event of arrest of the Applicants in Crime No.I-262 of 2021 registered with Chhavni Police Station, Malegaon for the offences punishable under sections 420, 415, 417, 418, 423, 425, 426, 427, 463, 464, 2 of

k 3/3 466, 467, 468, 471, 474, 120-B, 13, 199 and 200 read with section 34 of the Indian Penal Code, they shall be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount. iii) The Applicants shall co-operate with the Investigating Officer by remaining present before the Investigating Officer whenever called. With the above directions, the Anticipatory Bail Applications are disposed of.

(SANDEEP V. MARNE, J.) Digitally signed by SUDARSHAN RAJALINGAM KATKAM Date:

2024.04.12 20:45:25 +0530 SUDARSHAN RAJALINGAM KATKAM 3 of