Surendra Bhimsen Agarwal v. The State Of Maharashtra

osk 906-aba-1358-2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO. 1358 OF 2018 Surendra Bhimsen Agarwal ...

Applicant V/s.

The State of Maharashtra ...

Respondent ----- Mr.Rajiv Chavan, Senior Advocate a/w. Ms.Priyanka Chavan and Ms.Neelam K. i/b. Mr.Ganesh Mohite for Applicant. Mr.R.M. Pethe, A.P.P. for Respondent-State.

Mr.Sandipan Shinde, PI, Crime Branch, Navi Mumbai. CORAM : A.S. GADKARI, J.

DATE : 3rd April 2019.

P.C. :

1] By an order dated 12th July 2018 the applicant was granted interim relief.

2] Perusal of the first information report would prima-facie indicates that the application of Section 420 of the Indian Penal Code (for short, "IPC") and other related Sections of the IPC to the present crime is misplaced.

1/2

osk 906-aba-1358-2018.odt As far as application of Section 5 of the Maharashtra Prevention of Gambling Act is concerned, the record prima-facie indicates that, the applicant was not present at the scene of offence. Offence under Section 4 of the said Act is a bailable offence. 3] In view of the above, the applicant can be protected by prearrest bail. Interim relief, granted by order dated 12th July 2018 is hereby confirmed.

4] Application is allowed in the aforesaid terms. [A.S. GADKARI, J.] 2/2