Santosh Raghunath Kadam v. The State Of Maharashtra

rpa 1/3 931-aba-2298-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.2298 OF 2018 Santosh Raghunath Kadam .. Applicant Vs.

State of Maharashtra .. Respondent ......

Ms.Padma V. Tatode, Advocate for the Applicant. Mr.P.P. Jadhav, APP for the Respondent - State. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

DECEMBER 14, 2018.

P.C. :

The applicant is seeking anticipatory bail in connection with C.R.No.54 of 2016, registered with Airport Police Station, Mumbai, for the offences punishable under Sections 420, 465, 467, 468, 471 of Indian Penal Code ("IPC", for short) and Sections 3, 7, 8 and 9 of Essential Commodities Act. First Information Report ("FIR", for short) was lodged on 24th November, 2016.

It is the case of the prosecution that father of complainant had retired in 2000. He had purchased room in Walter Misqiutta chawl, Vile Parle (East), Mumbai. He had

rpa 2/3 931-aba-2298-18.doc obtained ration card in his name. Applicant, his mother and other used to provide daily meal to father of informant. He had included name of applicant and his wife in ration card, as his relative. After retirement, complainant's father used to visit his village at Igatpuri and provided keys of the premises to applicant. He expired on 27th August, 2007. The complainant found that applicant and his family were occupying the room. The name of informant's father was cancelled from ration card. His name was also cancelled from electricity bill and name of applicant was introduced.

It is submitted that false FIR has been lodged by complainant. The applicant is old occupant of premises. He is paying rent of premises since long. Earlier the rent receipts were in name of applicant's mother, which was transferred in name of applicant.

The applicant has attended police station. Applicant was interrogated by police. His statement is recorded. The custodial interrogation is not necessary.

Hence, I pass the following order:

rpa 3/3 931-aba-2298-18.doc :: O R D E R ::

(i) In the event of arrest of the applicant in connection with C.R. No.54 of 2016, registered with Airport Police Station, Mumbai, he be released on bail on his furnishing P.R. Bond in the sum of Rs.20,000/-, with one or more sureties in the like amount;

(ii) Applicant shall attend investigating officer on 19th, 20th and 21st December, 2018, between 11:00 a.m. to 01:00 p.m;

(iii) Applicant shall provide specimen of his handwriting to the investigating officer;

(iv) Anticipatory Bail Application stands disposed of.

(PRAKASH D. NAIK, J.)