Sunil Kumar Jha v. The State Of Maharashtra

910 aba 1706-17=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1706 OF 2017 Sunil Kumar Jha ... Applicant V/s.

The State of Maharashtra ... Respondent ----- Mrs. Shabana Sothe for the Applicant.

Mrs. J.S. Lohokare, APP for the Respondent/State. CORAM : A.S.GADKARI, J.

DATE : 24th FEBRUARY, 2018 P.C.:

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The learned APP submitted that despite repeated intimations given to the Investigating Officer, he has not came to give instructions to her. Heard the Learned Counsel for the Applicant, the learned APP and perused the record annexed to the application.

The learned Counsel for the Applicant submitted that it is the allegations of the prosecuting agency that the Applicant is beneficiary of Rs.7,00,000/- in the entire crime i.e. a sum of Rs.7,00,000/- have been given as loan in the name of Mr. Ajay Narawane of Sainath Enterprises which has alleged to have been received by the Applicant. She further submitted that as a matter of fact the Applicant on 26.11.2017 has paid the said amount to the complainant's company i.e. M/s. Lending Cash Finance Limited through RTGS transfer from his account Sneha Chavan 1/2

910 aba 1706-17=.doc with Dombivali Nagari Sahakari Bank Limited, Khidkali Branch, Dombivali. There is no contradiction to the said statement. In view thereof, the Applicant is entitled to be protected by the pre-arrest bail.

Hence, the following order:

i) Interim relief granted by Order dated 06.10.2017 is confirmed. However the condition to attend the Investigating Officer/concerned Police Station is waived.

ii) Application is allowed in the aforesaid terms. (A.S.GADKARI, J.) Sneha Chavan 2/2