Jitendra Govind Pujari v. The State Of Maharashtra

1.ABA.1809.16 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPEALLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1809 OF 2016 Mr. Jitendra Govind Pujari .. Applicant

Versus

The State of Maharashtra .. Respondent Mr. Ranjit Patil i/b Mr. K.S. Patil, Advocate for the Applicant. Ms. J.S. Lohokare, A.P.P. for the Respondent - State. Mr. B.K. Nikam, P.S.I. Tulij Police Station, Dist. Palghar, present. CORAM : N.W. SAMBRE, J.

DATED : 28th NOVEMBER, 2016.

P.C. :

The applicant is seeking pre-arrest bail in Crime No.504 of 2016 for the offence punishable under section 420 of the I.P.C. The applicant from his conduct as is reflected in the investigating papers appears to have received Rs.3 lakh towards the consideration of room to be sold to the complainant, however, it is claimed that the other partners of the applicant have forcibly took possession of the said property and as such is not in the position to owner the commitment. The applicant was given an opportunity to deposit an amount of Rs.3 lakh as is volunteered by him while granting ad-interim protection to which he has not adhered and sought one more chance. By way of last chance, at the behest of the applicant the matter was adjourned for today. However today also applicant sought further adjournment. Waghmare 1/2

1.ABA.1809.16 .doc It is after hearing the learned counsel for the applicant at length on merit, in my opinion no case for grant of pre-arrest bail is made out particularly when the applicant has used the ad-interim protection of this Court upon an incorrect statement i.e. he will deposit the amount of Rs.3 lakh before this Court. There is enough material to infer that applicant is direct beneficiary of the amount as he himself has admitted so. It is a prima facie case against the applicant. The Application is rejected.

(N.W. SAMBRE, J.) Waghmare 2/2