Sonal Arun Bagul And ANR v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2187 OF 2021 1.

Sonal Arun Bagul 2.

Vinayak Arun Bagul ... Applicants

Versus

The State of Maharashtra ... Respondent ------------ Mr. Prakash Wagh, for the applicants.

Mr. S. R. Agarkar, APP for the State/Respondent. PSI J.K. Rathod, Sanpada Police Station, present. ______

CORAM

:

PRAKASH D. NAIK, J.

DATE :

22nd SEPTEMBER,2021 PC :

1.

This is an application for anticipatory bail in CR No.82 of 2021 registered with Sanpada Police Station for offences under Sections 406, 504 r/w 34 of Indian Penal Code. The FIR was registered on 1st June 2021.

2.

The complaint alleges that the complainant was in need of premises for conducting his business. The accused has let out premises belonging to them to the complainant. An agreement of leave and license was executed. The accused were insisting for rent. The complainant was intimidated. The accused forwarded

letter to the complainant to collect his goods lying in the premises. On 22nd March 2021 the complainant noticed that the accused had put up their own lock to the premises. Subsequently he also noted that the accused had taken away goods belonging to the complainant which were lying in the premises. 3.

Learned APP submitted that during investigation statements of applicants were recorded. They have stated that whatever goods lying in the premises were taken out and same are kept in safe custody. Learned counsel for applicants fortifies the fact that goods lying in the subject premises were taken out and kept in a warehouse. The applicants are willing to hand over those articles. In spite of intimation being given to the complainant to take away goods, he has not come forward for accepting those goods. The applicants are willing to co-operate with investigation. 4.

Learned APP further submitted that the articles were shown to the complainant and he has identified only four articles belonging to him. He produced list of the articles lying in the premises. There were about 27 articles. The other articles belonging to somebody else. The applicant was granted interim protection by order dated 15th September 2021 with direction to

attend the investigating officer.

5.

Considering the factual aspects, custodial interrogation of the applicants is not necessary and hence interim order granted earlier by this Court can be confirmed.

6.

Hence I pass the following order.

ORDER

(i) Anticipatory Bail Application No. 2187 of 2021 is allowed.

(ii) Interim order dated 15th September 2021 is confirmed.

(iii) In the event of arrest of the applicant in connection with in C.R. No. 82 of 2021 registered with Sanpada Police Station, the applicant be released on bail on furnishing P. R. Bond in the sum of Rs.20,000/- with one or more sureties in the like amount.

(iv) The applicant shall attend the investigating officer as and when called for till filing of charge-sheet. (v) Anticipatory Bail Application stands disposed of accordingly.

(PRAKASH D. NAIK, J.)