Sanjeev Manmohan Gupta v. The State Of Maharashtra And ANR
1 /2 12-ABA-1783-2015.doc Ladda FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 1783 of 2015 ALONG WITH ANTICIPATORY BAIL APPLICATION NO. 1797 of 2015 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr A.H. Ponda a/with G.B. Kedia for the applicant in ABA No.1783/2015.
Mr M.S.Patankar i/by M.S.Mohite for the applicant in ABA No. 1797/2015.
Smt. P.P.Shinde, APP for the State.
CORAM : A.S.GADKARI, J.
DATE : 29th February, 2016 P.C.
1) The applicant in ABA No. 1783/2015 is the purchaser of vehicle and the applicant in ABA No. 1797/2015 is the agent who facilitated and the applicant in ABA No. 1783/2015 to purchase the motor vehicle. By a detailed order dated 24.11.2015 this Court granted interim relief in favour of the applicant in ABA No. 1783/2015 and by an order dated 26.11.2015 the applicant in ABA No.1797/2015 was also granted the said relief.
2) The Investigating Officer through the learned APP, submitted that till date no officer and/or person from the RTO, Thane either has
2 /2 12-ABA-1783-2015.doc been made as an accused or is suspected to be an accused in the present crime. It prima facie appears from the alleged modus of the present crime that unless and until some person from the RTO or connected with the RTO, Thane helps the other persons, the registration of the vehicle without verification of documents is not possible. It further appears that the FIR is lodged on 8.10.2015 on the basis of a representation /complaint made by one NGO with respect to a particular person i.e. the applicant in ABA No. 1783/205. It further appears that the said complainant did not notice any other car which was registered with the RTO Thane and is grinding an axe against the present applicant in ABA No. 1783/2015 with some motive. Though the intention behind the representation dated 11.8.2015 by the N.G.O.
prima facie appears to be laud, it appears to be filled with malice. In view of the same, the applicants have made out a case for their release on prearrest bail. The interim relief granted by an order dated 24.11.2015 is hereby confirmed. 4) The applications are allowed in the aforesaid terms. (A.S. GADKARI, J.)