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Bombay High CourtABA/2831/2022rejected

Sandip Manik Bhangare v. State Of Maharashtra

2023-01-10Hon'Ble Shri Justice N. R. Borkar2 pages

19-aba-2831-22.doc Digitally signed by DINESH SADANAND SHERLA Date:

2023.02.21 12:48:26 +0500 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2831 OF 2022 Sandip M. Bhangare ...Applicant V/s.

State of Maharashtra

...Respondent.

Mr. Balwant Salunkhe i/b Dharmanath Gondhali for the Applicant. Mr. A.A. Palkar, APP for the Respondent/State.

CORAM

:

N.R. BORKAR, J.

DATE :

10.01.2023.

P.C. :

1.

This is an application under Section 438 of Cr.P.C. for grant of anticipatory bail.

2.

On 20 October 2022, this Court passed the following order. ".

This is an application under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No.225 of 2022 registered at Kamothe Police Station, for the ofence punishable under Sections 420, 406 r/w. 34 of Indian Penal Code.

3.

The allegations against the applicant are that he extracted Rs.7.30 lakhs from the complainant on the false promise of getting him job in the Indian Navy. 4.

I have heard the learned Counsel for the applicant and the learned APP for the State.

5.

The learned Counsel for the applicant submits that applicant is serving in Indian Navy. It is submitted that the applicant is ready to deposit the amount as mentioned in the First Information Report.

6.

On the other hand, the learned APP for the State submits that in addition to the complainant there are other victims to whom similar assurances were given Dinesh S. Sherla 1/2

19-aba-2831-22.doc and extracted about Rs.21 Lakhs from them.

7.

Considering the fact that the applicant is in service and shown his willingness to deposit certain amount, I am inclined to grant interim anticipatory bail to the present applicant till next date. Hence, the following order :

i) Till next date in the event of arrest, the applicantSandip Manik Bhangare in connection with in Crime No.225 of 2022 registered at Kamothe Police Station, for the ofence punishable under Sections 420, 406 r/w. 34 of Indian Penal Code, he shall be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or two sureties in the like amount, subject to deposit of an amount of Rs.10 Lakhs within a period of two months from today.

iii) Place the application for further consideration on 2nd January 2023."

3.

Considering the facts that the applicant has extracted Rs.21 Lakhs from the victim, this Court directed the applicant to deposit Rs.10 Lakhs as the statement was made that the applicant would deposit the amount mentioned in the FIR. However, even the amount mentioned in the FIR is not deposited. 4.

Considering the nature of ofence, I am not inclined to release the applicant on anticipatory bail. Hence, the Anticipatory Bail Application is rejected.

[N.R.BORKAR, J.] Dinesh S. Sherla 2/2