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Bombay High CourtABA/1575/2018others disposed off

Digvijay Vijay Desai v. The State Of Maharashtra

2018-11-30Hon'Ble Shri Justice A.S. Gadkari2 pages

Nalawade 15-aba-1575-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICTION NO. 1575 of 2018 Digvijay Vijay Desai ...Applicant.

Vs.

The State of Maharashtra

...Respondent.

----- Mr. P.J.Thorat for the Applicant.

Mr. Amit Palkar , APP for the Respondent/State. CORAM : A.S.GADKARI, J.

DATE : 30th November, 2018 PC :

1.

By an Order dated 7.8.2018 the applicant was granted interim relief. 2.

Heard the learned counsel for the applicant and the learned APP. Perused the record.

3.

The allegations against the applicant along with other accused persons as per the complaint is that, they accepted paddy crop for their - Page-1/2

Nalawade 15-aba-1575-18.doc Rice Mill and did not comply with their part of obligation i.e. they did not provide processed rice to the informant company. The record indicates that, the said order was placed by the complainant company to Bahubali Rice Mill of which the father of the applicant is the Proprietor. It is the contention of the learned counsel for the applicant that, in the year 2016 when the said order was placed, the applicant was no way concerned with the said company as he was studying in Engineering faculty. 4.

The record prima facie indicates that, the applicant being the son of accused No.1 Vijay M. Desai has been impleaded in the present crime with a view to pressurize the said Mr. Vijay Desai. The record further indicates that, the brother of the applicant namely Mr. Pratik Desai was arrested by the police and now released on regular bail.

5.

In view of the above, the interim relief granted by Order dated 7.8.2018 is hereby confirmed. However, the condition to attend the concerned police station is waived.

Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) - Page-2/2