Pradeep Dhondbarao Surve And ANR v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2021 OF 2021

1. Pradeep D. Surve,

2. Ratnaprabha Pradeep Surve Applicants versus The State of Maharashtra Respondent Mr.Virendra V. Pethe for applicant.

Mr.R.M.Pethe, APP, for State.

CORAM : PRAKASH D. NAIK, J.

DATE : 30th September 2021 PC :

1.

The applicants are apprehending arrest in CR No.182 of 2021 registered with Wagle Estate Police Station, Thane, for offences under Sections 420, 406, 34 of Indian Penal Code and under Section 3 of MPID Act.

2.

The complainant had alleged that there was investment on the basis of inducement made by the accused in the company of coaccused Vaibhav Yadav. Loss of Rs.11,82,700/- was caused to the complainant and others.

3.

The contention of applicants is that they are investers. They had invested Rs.1,49,500/-. The amount of Rs.68,134/- has been credited to the account of applicants. No other amount has been transferred to their accounts.

MANISH SURESH THATTE MANISH SURESH THATTE Date: 2021.10.04 09:53:36 +0530 4.

Learned APP submitted that statements of complainant and witnesses recorded during investigation indicate that applicants were

2 of 2 26.ABA.2021.2021.doc present in the office and inducement were made by them to the investors by giving ideas of various schemes of the company. 5.

Learned counsel for applicants, on instructions, submitted that without prejudice to their defence, they would deposit Rs.5,00,000/- within four weeks from today. The statement is accepted. 6.

The applicants were granted interim protection vide order dated 26th August 2021 which is in force till today. Considering the aforesaid factual aspects and the statement made by applicants, this application can be allowed.

ORDER

(i) Anticipatory Bail Application is allowed and disposed of; (ii) Interim order dated 26th August 2021 is confirmed; (iii) In the event of arrest of applicants in CR No.182 of 2021 registered with Wagle Estate Police Station, Thane, the applicants be released on bail on executing PR bond in the sum of Rs.25,000/- each with one or more sureties in the like amount; (iv) The applicants shall deposit Rs.5,00,000/- within six weeks in this Court. In the event charge sheet is filed against accused, the amount be transferred to the Trial Court where charge sheet is filed and the Trial Court shall deal with the said amount in accordance with law during the trial.

(PRAKASH D. NAIK, J.) MST