Amol Narsingha Dhamankar And ANR v. The State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2071 of 2022 Amol Narsingha Dhamankar & Anr ..

Applicants

Versus

The State of Maharashtra ..

Respondent ...

Mr.Rahul Thakur for the applicants.

Mr.S.V.Gavand, APP for the State.

IO Shri P.J. Hande from LT Marg police station. CORAM: BHARATI DANGRE, J.

DATED : 1st AUGUST, 2022 P.C:- The learned APP, on the basis of the charge-sheet filed against Ajitkumar Jana - accused no.1, has invited my attention to a Memorandum Panchnama, where the accused no.1 has admitted that he has sold the gold which was given to him by the complainant for polishing, to several persons and he would lead them to the shops of different jewellers. The statement recorded on 27/2/2022, led the Investigating team to the present applicants, but on search, no gold which is alleged to have been sold by accused no.1, is found in possession of the present applicants.

2/3 905 ABA 2071-22.doc The applicants are apprehending their arrest in connection with C.R.No.56/2021 registered with Lokmanya Tilak Road police station on 8/3/2021, wherein the complainant who is a wholesale person dealing in gold ornaments has reported to the police that he had given the ornaments for polishing and repairing to Ajitkumar Jana and he had absconded with gold, approximately weighing 1,622.240 gm which was handed over to him on 28/10/2020. On his arrest, he led to the present applicant. He face a charge u/s.411 of receiving the stolen property, but on search, nothing incriminating was found. The applicant therefore, deserve protection from arrest, since the main accused is already charge-sheeted u/s.409, 420 IPC and he is already released on bail.

Needless to state that the applicants shall render his co-operation to the Investigating Officer. Hence the following order :-

O R D E R

(a) In the event of his arrest, the Applicant no.1 - Amol Narsingha Dhamankar and applicant no.2 -- Sachin Narsingha Dhamankar in connection of C.R.No.56/2021 registered with Lokmanya Tilak Road police station shall be released on bail on furnishing P.R. bond to the extent of Rs.25,000/- each with one or two sureties of the like amount.

3/3 905 ABA 2071-22.doc (b) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence.

(c) The Applicants shall report to the Investigating Officer on 10th and 11th August 2022 between 1.00 pm to 3.00 pm and thereafter as and when directed.

4. The Application is allowed in the aforestated terms. ( SMT. BHARATI DANGRE, J.)