Kunal Deepak Lohana v. The Investigating Officer And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1878 OF 2022 Kunal Deepak Lohana ..

Applicant

Versus

The Investigating Officer & Anr.

..

Respondent WITH INTERIM APPLICATION NO.2348 OF 2022 IN ANTICIPATORY APPLICATION NO. 1878 OF 2022 Kailash Mulchandra Kothari Complainant In the matter between Kunal Deepak Lohana ..

Applicant

Versus

The Investigating Officer & Anr.

..

Respondent Rizwan Merchant a/w Faisal F. Shaikh for the Applicant. A.A. Takalkar, A.P.P. for the State/Respondent. Vagish Mishra a/w Amit Dubey, Rajuram Kuleriya, Yash i/b Law counsellers for the Intervenor.

Nanaware, PI, Crime Branch, Unit-6.

...

CORAM: BHARATI DANGRE, J.

DATED : 04th AUGUST, 2022 P.C:- 1.

When confronted with the delay in lodging of the complaint, which resulted in registration of C.R. No.609 of 2022 and the specific submission of learned counsel Mr. Merchant that, at the relevant time, when the document was

2/3 15 ABA 1878.22.doc alleged to have been executed, the applicant, who was arraigned as accused No.3 was aged 13 years, the learned APP on instructions from the Investigating Officer, who is present in the court, state that he do not desire the custody of the present applicant as he is not a signatory to the said documents. 2.

The learned APP, however, state that since there were certain threats alleged to have been given by the applicant to the complainant, he has been arraigned as an accused. Accepting the aforesaid statement, the applicant deserve his release on bail. Hence the following order.

: ORDER :

(a) By way of interim order the applicant is released on temporary bail.

(b) In the event of arrest in connection with C.R. No.609 of 2022 registered with Chembur Police Station, the applicant Kunal Deepak Lohana shall be released on bail on furnishing P.R. bond to the extent of Rs.50,000/- with one or two sureties of the like amount.

(c) The applicant shall report to the concerned police station on four Saturdays consecutively between 10:00 a.m to 12:00 noon and thereafter as and when called. (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.

3.

Application is disposed off.

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In the wake of the disposal of the ABA number. 1878/22 the IA number. 2348/22 is also disposed off.

( SMT. BHARATI DANGRE, J.)