Aboni Nivaran Paul v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2741 OF 2022 Aboni Nivaran Paul .....Applicant V/s.

The State of Maharashtra ....Respondent ----- Mr. Vivekanand V. Krishnan, Advocate for the applicant. Mr. N.B. Patil, APP for State.

PSI, Ramesh Shinde, Nashik Road Police Station present. CORAM : SANDEEP K. SHINDE, J.

FRIDAY, 11TH NOVEMBER, 2022.

P.C. :

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Heard learned Counsel for the parties.

2.

Applicant seeks pre-arrest bail in connection with Crime No. 159/2022 registered with Nashik Road Police Station for the offences punishable under Sections 199, 406, 409, 420, 448, 468, 504, 506 read with Section 34 of the Indian Penal Code. The subject offence came to be registered in pursuance to order passed under Section 156(3) of the Criminal

2/3 Procedure Code. It appears, the complainant had invested Rs.5,00,000/- in the Company/firm run by Manju Sushant Paul and Sushant Paul. Agreement to that effect was executed between the parties in August, 2021 to which the applicant was the guarantor. The complainant would allege that, Manju Sushant Paul and Sushant Paul, had returned the amount invested to him vide cheques, but the cheques returned unpaid. Therefore, he filed two complaints under Section 138 of the Negotiable Instruments Act. In the backdrop of the facts aforestated, the complainant had filed an application before the learned Magistrate, seeking direction to register the offence against Manju Sushant Paul and Sushant Paul and the applicant. That in pursuance to order passed in the said application, the offences in question came to be registered.

3.

Learned Counsel for the applicant submits that, the complaints being S.C.C. No. 663/2022 and S.C.C. No. 664/2022 filed under Section 138 of the Negotiable Instruments act, were compounded before the Lok-Adalat on 13 th August, 2022.

4.

In consideration of the above facts, case is made out for granting pre-arrest bail to the applicant. Thus, the following order :

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O R D E R

(i) In the event of arrest of the applicant in Crime No. 159/2022 registered with Nashik Road Police Station he be released on bail on executing P.R. Bond in the sum of Rs. 10,000/- (Rs. Ten Thousand only) with one or more local sureties in the like amount;

(ii) Applicant shall report to the Investigating Officer as and when called.

(iii) Applicant shall furnish his residential address and contact details to the Investigating Officer. (iv) Applicant shall not tamper with the evidence or attempt to influence or contact the complainant, witnesses or any person concerned with the case; NEETA SHAILESH SAWANT (SANDEEP K. SHINDE, J.) NEETA SHAILESH SAWANT Date: 2022.11.14 12:16:25 +0530