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Bombay High CourtABA/2085/2021disposed off

Surendra Baba Deve v. The State Of Maharashtra

2022-03-11Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 19 ABA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2085 of 2021 Surendra Baba Deve .. Applicant

Versus

The State of Maharashtra .. Respondent ...

Mr. Ganesh Bhujbal with Mr.Baburao Shinde for the applicant. Smt.Rutuja Ambekar, APP for the State.

API Jaywant K. Jagtap from Vashi police station. CORAM: BHARATI DANGRE, J.

DATED : 11th MARCH, 2022 P.C:- In furtherance of the order dated 3/3/2022, the learned APP invite my attention to an appointment letter issued in favour of the applicant dated 29/11/2018. The said letter indicate that he is appointed in Atharva Motors Pvt.Ltd as an employee, subject to the terms and conditions stipulated in the appointment letter.

His responsibilities and duties are also fixed along with his age of retirement.

In the wake of the above, when the FIR is perused, whether the complainant allege the present applicant was the owner of Atharv Motors and though a promise was given to Tilak

2/2 19 ABA.doc deliver the vehicle and an amount of Rs.1,97,765/- has been accepted, the complaint made against him, prima facie would not make him liable for the offence punishable u/s.420 of the IPC. As far as the owner of Atharva Motors i.e. Suresh Dive, he is already released on bail.

The learned APP state that the applicant had attended the police station and rendered his co-operation. In the wake of the above, the following order is passed :-

O R D E R

(a) In the event of his arrest, the Applicant - Surendra Baba Deve in connection of C.R.No. I-300/2020 registered with Vashi police station shall be released on bail on furnishing P.R. bond to the extent of Rs.25,000/- with one or two sureties of the like amount.

(b) 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.

(c) The Applicant shall make himself available as and when required by the Investigating Officer.

SMT. BHARATI DANGRE, J Tilak