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Bombay High CourtABA/2888/2021allowed

Nitin Vasant Jagtap v. The State Of Maharashtra

2022-06-23Hon'Ble Shri Justice N. J. Jamadar2 pages

15-ABA2888-21.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2888 OF 2021 Nitin Vasant Jagtap ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Kuldeep Patil, a/w Ms. Neha Maru, i/b Ms. Saili Dhuru, for the Applicant.

Mr. P. H. Gaikwad, APP for the State.

R. B. Nigade, Alibaug Police Station, present.

CORAM:

N. J. JAMADAR, J.

DATED :

23rd JUNE, 2022 PC:- 1.

This is an application for pre-arrest bail in connection with CR No.183 of 2021, registered with Alibaug Police Station, for the offences punishable under Sections 39 and 45 of the Maharashtra Money Lending (Regulation) Act, 2014 ("the Act, 2014").

2.

The gravamen of indictment against the applicant is that the applicant has been dealing in the business of illegal moneylending sans license under the Act, 2014. Mr. Mukeshsingh Rajput (the first informant) had availed a loan of Rs.1,00,000/- from the applicant. The latter charged interest at an exorbitant rate of 11% p.m. Despite the first informant having repaid the entire amount, inclusive of interest of Rs.5,18,100/-, the 1/2

15-ABA2888-21.DOC applicant harassed the informant in order to coerce him to pay a sum of Rs.2,00,000/-. Hence the report.

3.

This Court protected the liberty of the applicant by an order dated 6th December, 2021. In the intervening period, the learned APP submits, the investigation is complete and chargesheet has been filed on 27th January, 2022 in the Court of Judicial Magistrate, First Class, Alibag.

4.

Investigation is complete for all intent and purpose. In the backdrop of the nature of the accusation, custodial interrogation of the applicant does not seem warranted. Possibility of fleeing away from justice also seems remote. 5.

Hence, the following order:

: O R D E R :

(i) The application stands allowed.

(ii) In the event of arrest of the applicant in CR No.183 of 2021, registered with Alibag Police Station, he be released on bail on executing a PR Bond in the sum of Rs.25,000/- and one or two sureties in the like amount. (iii) The applicant shall not tamper with the prosecution evidence and/or give threat or inducement to any of the prosecution witnesses.

(iv) The applicant shall regularly attend the proceedings before the jurisdictional Court.

[N. J. JAMADAR, J.] 2/2