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Bombay High CourtABA/1232/2016anticipatory bail granted

Manoj Ramjachal Shukla v. The State Of Maharashtra And ANR

2016-09-27Hon'Ble Shri Justice A.S. Gadkari2 pages

1 /2 15-aba-1232-16.doc Ladda

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1232 OF 2016 Manoj Ramjachal Shukla Vs. State of Maharashtra Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr A.K.Shukla i/by Asha Shukla for the applicant. Smt. R.M.Gadhvi APP for the Respondent-State. P.P.Nawle,PSI Dindoshi P.S. present.

CORAM : A.S.GADKARI, J.

DATE :- 27th September, 2016 P.C.

1) The applicant has been granted interim relief by an order dated 23/8/2016.

The case of the prosecution in nut-shell is that the applicant has taken a room on rental basis from Ranapratap Singh by depositing an amount of Rs. 3,50,000/-with him. The Complainant Smt.Jadavati Sharma is the owner of the said room. That the applicant subsequently gave the said room on rental basis to Shri Baban Salve. It was noticed by the complainant that the original tenant Ranapratap Singh was not residing in the said room and the possession of the said room was transferred through the present applicant in favour of Baban Salve. In the premise, the first information report is lodged.

2) The learned counsel appearing for the applicant

2 /2 15-aba-1232-16.doc submitted that as of today the original complainant has received the possession of the said room back and she is residing there. He further submitted that the applicant had paid an amount of Rs. 3,50,000/- towards deposit to the said Ranapratap Singh and till date he has not received the said amount back from him. The learned APP, on instructions, conceded to the said fact.

3) In view of the above, I am of the view that the custodial interrogation of the applicant is not necessary. Hence, the following order :- (a) In the event of arrest of the applicant in CR No.

406/2016 registered with Dindoshi Police Station, Mumbai he be released on bail on his furnishing PR bond of Rs.15,000/- with one or two local sureties in the like amount;

(b) The applicant shall attend the Investigating Officer as and when called for between 11:00 a.m. to 2:00 p.m. till filing of the charge-sheet;

(c) The applicant shall not tamper with the evidence and / or influence the prosecution witnesses;

(d) The application is allowed in the aforesaid terms.

(A.S.GADKARI, J.)