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Bombay High CourtABA/2220/2021allowed

Ashutosh Bhalchandra Sonawane v. The State Of Maharashtra

2021-11-15Hon'Ble Shri Justice Virendrasingh Gyansingh Bisht4 pages

Digitally signed by TRUPTI SADANAND BAMNE Date:

2021.11.15 23:48:18 +0530 TRUPTI SADANAND BAMNE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2220 OF 2021 Ashutosh Bhalchandra Sonawane ...Applicant

Versus

State of Maharashtra

...Respondent

......

Mr.Ammar I. Nizami i/b. Mohammed U. Kazi for the Applicant.

Mr. Ameet Palkar, APP for the Respondent-State. ......

CORAM:

V.G.BISHT, J.

DATE:

15TH NOVEMBER, 2021 PC:- 1.

The Applicant is seeking anticipatory bail in connection with CR No.168 of 2021 registered with Khandeshwar Police Station on 09.08.2021 under Section 420 of the Indian Penal Code.

2.

The F.I.R. is lodged by one Priyanka Thorat. She has stated that Applicant represented to her that he was in a position to get personal loan for her. The Informant signed 1/4

certain documents as told by him and she was sanctioned loan by Axis Bank and IDFC Bank. The loans around Rs.3 lakh each were sanctioned in her name. It is her case that, she wanted to close one of those loan accounts and had instructed the Applicant in that behalf. The Applicant had accepted certain amount from her but did not close either of the accounts; instead, her amount was misappropriated.

3.

It appears that on 21st September, 2021, learned Counsel for the Applicant made a statement before this Court (Coram : Sarang V. Kotwal, J.) that after loan was sanctioned by both the Banks, some of the loan amount was taken by the Applicant from the informant by way of loan.

4.

On the other hand, learned APP submitted that till that date, the balance of Rs.2,57,200/- was outstanding to be paid to the informant.

5.

It further appears that during the course of argument, learned Counsel for the Applicant, on instructions, showed 2/4

his willingness to pay the entire outstanding amount to the informant within a period of one month. He further submitted that half of the balance amount would be paid within 15 days and the remaining amount would be paid within next 15 days thereafter.

6.

In view of above, this Court granted ad-interim protection to the Applicant vide order dated 21st September, 2021.

7.

Heard learned Counsel for the Applicant and learned APP.

8.

The learned Counsel for the Applicant submits that the entire amount, as per order dated 21st September, 2021, has been paid and, therefore, there remains nothing. Learned APP does not dispute the statement of learned Counsel for the Applicant. Statement is therefore accepted.

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9.

In view of above, the ad-interim protection granted to the Applicant vide order dated 21st September, 2021 is confirmed and made absolute.

10. The Application stands disposed of accordingly. (V.G.BISHT, J. ) 4/4