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Bombay High CourtABA/2229/2019disposed off

Nayan Sanghavi Son Of Ashok N Sanghavi v. The State Of Maharashtra

2021-08-07Hon'Ble Smt. Justice Bharati Dangre2 pages

1/2 10 ABA-2229-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2229 OF 2019 Nayan Sanghavi son of Ashok Sanghavi ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr.Manish Bohra i/b A. S.Khan and Associates for the Applicant.

Mr.S.H.Yadav, APP for the State.

PSI V.N.Tambe attached to Dindoshi Police Station present. ...

CORAM: BHARATI DANGRE, J.

DATED : 07th AUGUST, 2021 P.C:- 1.

The complainant alleged that on 10/08/2019, the applicant accompanied by 15 to 20 unknown male persons and 4 to 5 unknown female persons, forcibly gained an entry into his house and threw his belongings. It is also alleged that the complainant and his son were beaten by the mob and they were pulled out of the house. It is alleged that in the said incident, gold and cash worth Rs.2,50,000/- were robbed. This resulted in registration of crime for the offences punishable under Sections 395, 420, 120-B of the IPC at Dindoshi Police Station.

2.

The applicant was admitted to the interim protection on 14/10/2019 and the learned APP was directed to verify the CCTV footage.

M.M.Salgaonkar

2/2 10 ABA-2229-19.doc 3.

Today, the learned APP, on the basis of the instructions of the PSI attached to Dindoshi Police Station, who is present in the Court, states that there is no such incident captured in the CCTV. The CCTV camera records the presence of only one unknown person in the precinct, but the alleged incident is nowhere recorded. Learned APP also makes a statement that the applicant has attended the police station in terms of the directions issued by this Court.

4.

In such circumstances, order dated 14/10/2019 is made absolute, subject to the stipulation that the applicant shall continue to render his co-operation to the Investigating Offcer. [ SMT. BHARATI DANGRE, J. ] M.M.Salgaonkar