Awadesh Shalik Tiwari v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SALGAONKAR M M Date: 2022.07.30 21:21:40 +0530 SALGAONKAR M M CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1913 OF 2022 Awadesh Shalik Tiwari ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Ms.Manjiri S. Parasnis with Mr.Vinod Shukla for the Applicant.

Ms.A.A.Takalkar, A.P.P. for the State/Respondent. PSI A.K. Dhandore, attached to Tulinj Police Station, present. ...

CORAM: BHARATI DANGRE, J.

DATED : 29th JULY, 2022 P.C:- 1.

On the last occasion, learned A.P.P. was asked to discern the role attributed to the applicant in the complaint, since the complaint disclose that the complainant had paid money to accused No.1-Ashishkumar Singh, who is the sole proprietor of 'Jay Jivdani Builders and Developers'. Accused No.1 entered into an agreement with the applicant, who is the owner of some portion of land, which he proposes to develop.

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This role being surfacing through the complaint, the Investigating Offcer, who is present in the Court, states that the custodial interrogation of the applicant is not warranted, but he shall be directed to report to the police station and participate in the investigation. In any case, since there is no privity of contract between the complainant and the present applicant and the entire money has been accepted by accused No.1, the applicant deserves protection in anticipation of his arrest. Hence, the following order.

: ORDER :

(a) Application is allowed.

(b) In the event of arrest in connection with C.R.No.201 of 2022 registered with Tulinj Police Station, District Palghar, applicant-Awadesh Shalik Tiwari shall be released on bail on furnishing P.R. Bond to the extent of Rs.25,000/- with one or two sureties in the like amount. (c) The applicant shall report to the concerned police station on 3rd and 4th August, 2022 between 10.00 a.m. to 12.00 noon and, thereafter, as and when called for. (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

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( SMT. BHARATI DANGRE, J.)