Namdev Sitaram Lad v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2147 OF 2018 WITH BAIL APPLICATION NO. 2150 OF 2018 WITH BAIL APPLICATION NO. 2158 OF 2018 Namdeo Sitaram Lad ....Applicant V/s.

The State of Maharashtra ....Respondent Mr. Sujay Hemant Gangal a/w. Mr. Gaurav Hemant Gangal for the applicant.

Mr. Harshad Bhadbhade i/b. Saurabh Butala for the intervenor. Mr. A.R. Saygaonkar, Asst. P.S.I., Mangaon Police Station, present. Mr. Shakti Prasad Sadashiv Shinde, complainant, present. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 25th SEPTEMBER, 2018.

P.C.:

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Heard Mr. Sujay Gangal, learned counsel for the applicant and Mr. Harshad Sathe, learned counsel for the Intervenor. I have perused the records and considered the submissions advanced by the learned counsels for the respective parties.

2.

The Bail Application Nos.2147/2018, 2150/2018 and 2158/2018 under Section 439 of Criminal Procedure Code are filed by the aforesaid applicant, who has been arrested in C.R.No.03/2018, C.R.No.01/2018 and C.R.No.02/2018 respectively registered with 1/3

Mangaon Police Station, District Raigad for offences punishable under sections 193, 420, 463, 465, 467, 468, 471, 201 r/w. 34 of the Indian Penal Code.

3.

The said crimes were registered pursuant to the first information report lodged by Shakti Prasad Sadashiv Shinde. The case of the first informant in brief is that he was interested in buying a landed property from the applicant. The applicant had allegedly informed him that properties owned by Suresh Paranjape were available for sale and that he was the constituted power of attorney of the said Suresh Paranjape. The first informant thereafter entered into the sale transaction with the applicant as power of attorney of Suresh Paranjape. Subsequently, the name of the first informant was entered into 7/12 extracts. 4.

The first informant thereafter lodged the first information report alleging that the applicant had cheated him as there were no such properties at loco. Mr. Harshad Bhadbhade, learned counsel for the intervenor submits that after filing of the first information report, the property has been transferred in the name of the first informant. He has tendered the affidavit filed by the first informant. Mr. Sujay Gangal, learned counsel for the applicant and Mr. Harshad Bhadbhade, learned counsel for the first informant have stated that they have now 2/3

settled the dispute. Mrs. J.S. Lohokare, learned APP submits that the investigation is completed and the presence of the applicant is no longer required for the purpose of investigation. 5.

Considering the above facts and circumstances, in my considered view, this is a fit case for grant of bail. Hence, the Bail Application is allowed on following terms and conditions :- (a) The applicant who is arrested in C.R.No.01/2018, C.R.No.02/2018 and C.R.No.03/2018 registered with Mangaon Police Station, District Raigad is ordered to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Fifty Thousand) with one or two solvent sureties in the like amount.

(b) The applicant shall furnish his permanent address and temporary address, if any, and his contact details to the concerned Court. (c) The applicant shall not change his residential address without prior intimation to the concerned Court.

(d) The applicant shall not interfere with the witnesses in any manner.

(SMT. ANUJA PRABHUDESSAI, J.) 3/3