Chander Menghrajmal Raheja And ANR v. The State Of Maharashtra

Diksha Rane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Digitally signed by DIKSHA DINESH RANE Date:

2022.12.15 18:09:19 +0530 DIKSHA DINESH RANE ANTICIPATORY BAIL APPLICATION NO.3474/2022 CHANDER MENGHRAJMAL RAHEJA & ANR. ..APPLICANTS VS.

THE STATE OF MAHARASHTRA ..RESPONDENT ------------ Mr. Monish Bhatia a/w. Ms. Vaibhavi P., Mr. Manish C. for the applicants.

Mr. N. B. Patil, APP for State.

------------ CORAM : M. S. KARNIK, J.

DATE : DECEMBER 14, 2022.

P.C. :

1.

Heard learned counsel for the applicants and learned APP for the State.

2.

This is an application for pre-arrest bail in respect of the First Information Report (FIR) No.0466/2022 registered with Ulhasnagar Police Station on October 7, 2022 for the offence punishable under Section 379 of the Indian Penal Code, 1860 (hereafter 'the IPC' for short).

3.

It is the contention of the complainant that a truck which was belonging to her deceased husband has been sold by the applicants in scrap to a scrap dealer. The police 1/3

have recovered the said truck. From the notice dated October 15, 2021 addressed by the informant's advocate to the advocate of the brother (Daulat Menghrajmal Raheja) of the applicant no.1, it is seen that there are disputes between the informant and the applicants regarding the business which belonged to the deceased husband of the informant. It is also seen that in respect of the said truck it is alleged that the applicants have taken possession of the truck by taking signatures of the informant's deceased husband on some papers in unlawful and by misguiding him. The informant admits the applicants' possession over the truck. They have disputes regarding its ownership. 4.

The truck is seized and presently in the custody of the investigating officer. There are disputes between the parties. The truck was in applicants' possession. The truck has been recovered. The custodial interrogation of the applicants is not required. Hence the following order.

ORDER

(A) In the event of arrest in connection with FIR No.0466/2022 registered with Ulhasnagar Police Station, the applicant no.1-Chander Menghrajmal 2/3

Raheja and the applicant no.2-Dinesh Chander Raheja shall be released on bail on furnishing P.R. bonds of Rs.25,000/- each with one or more sureties in the like amount.

(B) The applicants shall report to the concerned police station on 19th, 20th and 21st December, 2022, between 10.00 a.m. and 12.00 noon and thereafter, as and when called.

(C) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with facts of case so as to dissuade him from disclosing the facts to Court or any Police Officer and should not tamper with evidence.

(D) The applicants to furnish the details of their residential addresses and contact numbers to the Investigating Officer.

(E) The applicants to co-operate with the Investigating Officer.

5.

The application is disposed of.

(M. S. KARNIK, J.) 3/3