Alok Ranjan v. State Of Maharashtra

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3070 OF2023 SANTOSH SUBHASH KULKARNI Alok Ranjan ...Applicant

Versus

The State of Maharashtra and anr.

...Respondents

SANTOSH SUBHASH KULKARNI Date: 2023.12.22 10:43:00 +0530 Mr. Jitendra Tiwari, for the Applicant.

Mr. S. H. Yadav, APP for the State/Respondent. Mr. Manoj Tiwari, a/w Sejal Nalawade and Nikita Parkar, for the First Informant.

Mr. Dhanwant Gajendra Chavan, PSI, Nagpada Police Station, Mumbai, present.

CORAM:

N. J. JAMADAR, J.

DATED:

18th DECEMBER, 2023 PC:- 1.

Heard the learned Counsel for the applicant and the learned APP for the State.

2.

This is an application for pre-arrest bail in connection with CR No.353 of 2022, registered with Nagpada Police Station, Mumbai, for the offences punishable under Sections 406 and 420 of Indian Penal Code, 1860 ("the Penal Code"). 3.

When the application was listed before this Court on 6th November, 2023 this Court had granted interim bail observing inter alia as under:

"4.

The learned counsel for the applicant submitted that the applicant is willing to deposit a sum of 1/3

Rs.18,17,050/- over the receipt of which there is no dispute. However, there is no material to show that the applicant had allegedly forged the certificates. 5.

Mr. Manoj Tiwari, the learned counsel submits that he has instruction to appear on behalf of the first informant. He submits that if the applicant is willing to deposit the amount of Rs.18,17,050/-, he has no objection to grant interim protection.

6.

Prima facie, it appears that the transaction is one of failure to provide the services which were promised by the applicant. Whether the intention of the applicant was dishonest since inception of the transaction is a matter for consideration. As the applicant has shown willingness to deposit the amount of Rs.18,17,050/- and the first informant is not averse to the said proposition, I am inclined to grant interim protection."

4.

The learned Counsel for the applicant submits that in terms of the aforesaid order the applicant has deposited a sum of Rs.18,17,050/- in this Court and appeared before the Investigating Officer.

5.

The learned APP, on instructions, confirms the said fact.

6.

Mr. Manoj Tiwari, the learned Counsel for the first informant, submits that in view of the aforesaid development the first informant is not averse to make the order of interim bail absolute.

7.

In any event, the major offence under Section 420 entails punishment which may extend to seven years and for 2/3

the reasons which weighed with this Court in granting interim bail, the application deserves to be allowed. 8.

Hence the following order:

: O R D E R :

(i) Application stands allowed.

(ii) Order of interim bail dated 6th November, 2023 is made absolute on the terms and conditions incorporated therein.

(iii) The applicant shall henceforth appear before the Investigating Officer as and when directed till filing of the charge-sheet.

(iv) The applicant shall regularly attend the proceedings before the jurisdictional court.

[N. J. JAMADAR, J.] 3/3