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Bombay High CourtABA/2037/2021disposed off

Ramdas Baburao Solanke v. The State Of Maharashtra

2022-02-21Hon'Ble Shri Justice C.V. Bhadang2 pages

24-aba-2037-2021=

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION SNEHA NITIN CHAVAN CRI. ANTICIPATORY BAIL APPLICATION NO. 2037 OF 2021 by SNEHA NITIN CHAVAN Date: 2022.02.21 18:25:34 +0530 Ramdas Baburao Solanke ..Applicant Vs.

The State of Maharashtra ..Respondent ---- Mr.R.A. Shaikh a/w M. Muqim for the Applicant. Mr. S.R.Agarkar, APP for the Respondent / State. HC R.N. Gonate, Crime Branch Pune City.

---- CORAM : C.V. BHADANG, J.

DATE : 21 FEBRUARY 2022 P.C.

.

The Applicant apprehending his arrest in connection with the investigation of Crime No.231of 2021 registered with Sinhagad Road Police Station, Dist. Pune under Section 420, 385, 489-B, 506 of I.P.C. and Section 2 and 3 of the Maharashtra Prevention and Eradication of Human Sacrifice and other Inhuman and Aghori Practices and Black Magic Act, 2013, is seeking pre-arrest bail. 2.

The case of the complainant is that the Applicant and the coaccused had induced the complainant to part with an amount of Rs.52 lakhs which the complainant claims that it was paid in cash, with the assurance that after the practice of some black magic, there would be shower of money. According to the prosecution, out of Sneha Chavan page 1 of 2

24-aba-2037-2021= amount of Rs.52 lakhs, Rs.20 lakhs had come to the present Applicant.

3.

I have heard the learned counsel for the parties. This Court by an order dated 13.12.2021 has granted interim protection to the Applicant for the reason that FIR does not name the present Applicant and it is not clear as to who had paid the amount of Rs.20 lakhs to the Applicant. In any event, it transpires during the course of hearing that the investigation is partly completed and the chargesheet is filed against some of the accused. 4.

The learned APP in all fairness submitted that in the investigation, no material was found about the source of the amount of Rs.52 lakhs which the complainant claimed to have paid in cash. As noticed earlier, the Applicant is not named in the FIR. 5.

Considering the over all circumstances, the Criminal application is disposed of in terms of order dated 13.12.2021, which is hereby made absolute. This shall be subject to the condition that the Applicant shall report to the Investigating Officer on 28.02.2022 and 01.03.2022 between 11.00 a.m. to 1.00 p.m. and as and when required by the investigating agency and shall co-operate with the investigating agency.

C.V. BHADANG, J.

Sneha Chavan page 2 of 2