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Bombay High CourtABA/2131/2022allowed

Kapil Balasaheb Kamble v. State Of Maharashtra

2022-09-22Hon'Ble Shri Justice Nitin W. Sambre2 pages

1/2 18.ABA.2127.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2131 OF 2022 Kapil Balasaheb Kamble .. Applicant Vs.

The State of Maharashtra & Ors.

.. Respondents Mr. Sachin B. Thorat for the applicant Ms P. N. Dabholkar, APP for the respondent - State CORAM : NITIN W. SAMBRE, J.

DATED :

22nd September, 2022 P.C.:

1.

Heard.

2.

The applicant is seeking pre-arrest bail in crime no. 965 of 2022 registered with Chakan police station for the offence punishable under sections 394, 341, 427, 323, 504, 506 r/w. 34 of IPC.

3.

The case of the prosecution is, the applicant has forcibly taken possession of the Toyota Corolla Altis bearing no. MH 06 AX 9797.

4.

Learned counsel for the applicant on instructions submits that not only the aforesaid vehicle but a cheque for an amount of Rs.2,50,000/- received from the complainant drawn on Union Bank bearing cheque no. 401670 shall be surrendered to the police akn 1/2

2/2 18.ABA.2127.2022.doc provided applicant is granted protection.

5.

Learned APP would oppose the prayer for protection. 6.

In view of the aforesaid submissions, in the form of undertaking, made by learned counsel for the applicant about return of cheque, mobile phone, Aadhaar Card and other documents, case for grant of ad-interim protection is made out. 7.

In the event of arrest of applicant in crime no. 965 of 2022 registered with Chakan police station for the offence punishable under sections 394, 341, 427, 323, 504, 506 r/w. 34 of IPC applicant be released on bail on furnishing P.R. bond in the sum of Rs.15,000/- with one or more sureties in the like amount. 8.

The applicant shall attend the Investigating OfÏcer from 26/09/2022 and 27/09/2022 between 10.00 a.m. to 12.00 noon and thereafter as and when directed.

9.

The applicant shall neither tamper with evidence nor influence the witnesses in any way.

10.

Let the aforesaid vehicle and documents be surrendered to the investigating ofÏcer on 26/09/2022.

11.

The application stands disposed of.

by ANANT KRISHNA NAIK Date:

2022.09.23 13:47:57 +0530 ANANT KRISHNA NAIK (NITIN W. SAMBRE, J.) akn 2/2