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Bombay High CourtABA/2656/2021disposed off

Dhansukhlal Singhavi v. The State Of Maharashtra

2024-03-27Hon'Ble Shri Justice Kishore C. Sant2 pages

(4)-ABA-2656-21.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.03.27 18:15:24 +0530 BALAJI GOVINDRAO PANCHAL ANTICIPATORY BAIL APPLICATION NO.2656 OF 2021 Dhansukhlal Singhavi ..Applicant

Versus

The State of Maharashtra ..Respondent Mr. R. Satyanarayan a/w Prathamesh Naik, for the Applicant. Mr. B. V. Holambe Patil, APP for the Respondent/State. CORAM : KISHORE C. SANT, J.

DATE : 27th MARCH, 2024 P.C.

1.

Heard for sometime.

2.

Applicant appears to be a valuer of the gold and gold ornaments. It is the allegation that the gold which was pledged with the bank was found to be fake/bogus and still the valuer had given a report. It is alleged that because of the valuer's report, the bank is put to loss and the gold that was pledged found to be fake. Learned advocate for the Applicant vehemently argued that there is nothing on record to show that it it this Applicant who has given a valuation report in respect of the gold which is allegedly found to be fake. He submits that there is no connection shown between the Applicant and any of the valuation report. The bank has arrayed all the valuers on the panel of the bank as accused without giving any particulars as to which exact ornament valued by the Applicant is found to be fake. Learned advocate for the Applicant also submits that other co-accused i.e. Accused Nos.1, 2 and 4 are already released on bail by the Trial Court i.e. learned JMFC Court, Panvel (Court BGP.

(4)-ABA-2656-21.doc.

No.3) in RCC No.1112 of 2021. He further submits that in any case now charge-sheet is also filed after completion of the investigation. There is no requirement of physical custody now.

3.

Learned APP on instructions from the concerned Police Officer also submits that now charge-sheet is filed on 23rd December, 2021, after completion of investigation.

4.

This Court finds that since the investigation is complete, physical custody may not be required. Hence, the following order :- i) The Application stands allowed.

ii) Applicant be released on bail in the event of arrest in connection with CR No.0343 of 2021 registered with Kharghar Police station for the offence punishable under Sections 406, 420, 467, 468, 471, 472 r/w 34 of IPC. iii) Applicant shall attend the concerned Police Station as and when required.

iv) Applicant shall furnish his contact details including his mobile number to the concerned Police Station. If there is change in the contact details, Applicant shall immediately inform the same to the concerned Police Station.

5.

The Application stands disposed of.

[KISHORE C. SANT, J.] BGP.