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Bombay High CourtABA/1103/2015others disposed off

Radheshyam Gangasahay Trivedi v. The State Of Maharashtra

2017-04-25Hon'Ble Shri Justice A.S. Gadkari2 pages

1 /2ABA-1103-15-2 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1103 OF 2015 Radheyshyam G. Trivedi vs.The 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.Shirish Gupte, Sr. Advocate i/by Shah K.P. for the Applicant.

Mrs.P.P.Shinde, APP for the Respondent-State. CORAM :A.S.GADKARI, J.

DATE : 25th April, 2017 P.C.

1) The applicant was granted interim relief by an order dated 31.7.2016. It is the allegation against the applicant that he accepted a cheque from the first informant and deposited it in his own account standing in his own name with the Axis Bank, Virar Branch. That, on the account opening form of the bank instead of his photograph somebody else's photo is affixed. It is submitted that as of today charge sheet is not filed. The record reveals that apart from the said allegation of the informant there is no overt act against the applicant.

2) After reading the first information report and documents it prima facie appears that no act as contemplated under Section 420 of the I.P.C. can be attributed to the applicant. In view thereof the applicant

2 /2ABA-1103-15-2 has made out a case for his release on pre arrest bail. 3) The interim relief granted by an order dated 31.7.2015 is confirmed, however, the condition to attend the Investigation Officer is hereby waived.

4) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)