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Bombay High CourtBA/1943/2017bail granted

Balu Mogal Rokde v. The State Of Maharashtra

2017-08-29Hon'Ble Shri Justice T.V. Nalawade2 pages

kvm 1/2 40-BA1943.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO. 1943 OF 2017 Balu Mogal Rokde ..... Applicant

VERSUS

The State of Maharashtra ..... Respondent Mr.Amey Deshpande for the Applicant.

Ms.S.S.Kaushik, A.P.P. for the State.

Mr.Nitin J. Kandare, PSI, Mumbai Naka Police Station, Nashik. CORAM : T.V.NALAWADE, J.

DATE : 29th AUGUST, 2017 P.C.

The application is filed for bail in C.R.No.190 of 2017 registered with Mumbai Naka Police Station, Nashik for the offences punishable under sections 420, 464, 468 read with section 34 of the IPC. Both the sides are heard. The papers of investigation are made available for the perusal of this court. Learned counsel for the applicant produced a copy of the order made by this court in Anticipatory Bail Application No.1142 of 2017 dated 7th August,2017. 2.

The crime is registered on the basis of the report given by one Satishsingh Satyaprakash Chauhan. It is his contention that the accused had agreed to sell the property to him and he had paid the consideration of Rs.12 lacs out of the agreed

kvm 2/2 40-BA1943.17 amount of Rs.16 lacs but the accused was avoiding to execute the sale deed. Subsequently the land was sold to third party and that FIR was given. 3.

While deciding the application Anticipatory Bail Application No.1142 of 2017 this court has considered the nature of the dispute and this court granted even anticipatory bail in favour of the five persons who had signed the agreement. The case of the present applicant is on better footing and it is alleged against him that when the agreement was signed, he was not available but subsequently he accepted Rs.2 lac and he gave consent for the transaction. The applicant is behind bars since 19th July, 2017. In view of these circumstances, the application of the applicant is allowed. The applicant is to be released on bail on his furnishing P.B. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand Only). The applicant is not to tamper with prosecution witnesses. He is not to commit similar offences. (T.V.NALAWADE, J.)