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Bombay High CourtABA/2872/2022allowed

Kailas Sopan Nangude v. State Of Maharashtra

2022-10-14Hon'Ble Shri Justice Prakash D. Naik2 pages

1 of 2 38.ABA.2872.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2872 OF 2022 Kailas Sopan Nangude Applicant versus The State of Maharashtra Respondent Ms.Pooja Agarwal i/by Mr.Prakash Chavan, Advocate for appliant. Mr.N.B.Patil, APP, for State.

API Ranaware, Haveli Police Station, present. CORAM : PRAKASH D. NAIK, J.

DATE : 14th October 2022 PC :

1.

The applicant is apprehending arrest in C.R No.216 of 2022 registered with Haveli Police Station, District Pune for offences under Sections 384, 427, 447, 506, 34, 272, 273, 188, 328 of Indian Penal Code. The FIR is registered on 30th September 2022. 2.

From the tenor of the FIR it appears that grievance of the complainant is that from 29th September 2022 the accused had trespassed into the property at Gat No.72, Taluka Haveli and caused damage to the property. The accused are demanding amount of Rs.30 lakh since beginning towards property.

3.

The applicant had preferred application for anticipatory bail before Court of Session which has been rejected. Learned advocate for applicant submitted that complainant is in possession of the MANISH SURESH THATTE MANISH SURESH THATTE Date: 2022.10.18 12:02:51 +0530 property. The allegations are false. Custodial interrogation is not necessary.

2 of 2 38.ABA.2872.2022.doc 4.

Learned APP submitted that complainant is the purchaser of property. The accused are unnecessarily harassing the complainant. They are intimidating the purchaser and demanding Rs.30 lakh. 5.

Even assuming the allegations to be true, the dispute is relating to property. Custodial interrogation is not warranted.

ORDER

(i) Anticipatory Bail Application is allowed and disposed off; (ii) In the event of arrest of applicant in connection with C.R No.216 of 2022 registered with Haveli Police Station, Pune Rural, the applicant be released on bail on executing P.R bond in the sum of Rs.20,000/- with one or more sureties in the like amount; (iii) The applicant shall appear before investigating offier on 19th, 20th and 21st October 2022 between 11 am and 1 pm and thereafter as and when called for till filing of charge sheet. (PRAKASH D. NAIK, J.) MST