Sagar Vishwas Saswade v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3554 OF 2022 Sagar Vishwas Saswade ...

Applicant

Versus

The State of Maharashtra ...

Respondent WITH INTERIM APPLICATION NO. 303 OF 2023 .........

Mr. Hrishikesh Mundargi alongwith Mr. Jayant Bardeskar for the Applicant.

Mr. Amit Palkar, APP for the State.

Mr. Sandeep Karnik for the Intervenor.

.........

CORAM : N.R. BORKAR, J.

DATED : 17 MARCH 2023 P.C. :- .

This is an application filed under Section 438 of the Code of Criminal Procedure, 1973 for anticipatory bail. 2.

The applicant is apprehending his arrest in Crime No. 1007 of 2022 registered at Shikrapur Police Station, Pune for the offences punishable under Sections 420, 364-A of Indian Penal Code and Section 39 of the Maharashtra Money Lending Act, 2014. 1 / 3

3.

I have heard the learned Counsel for the applicant and the learned APP for the State and the learned Counsel for the intervenor. 4.

According to the complainant, her son-in-law had borrowed Rs.10 lakhs from the applicant and towards the security of the said loan she had executed sale deed in favour of the applicant of the land owned by her. It is alleged that inspite of repayment of loan amount, the applicant is avoiding to re-transfer the property and is asking them to pay him about Rs.90 lakhs. It is alleged that the son-in-law of the complainant was even abducted and threatened as he was asking the applicant to re-transfer the land in question.

5.

Prima-facie, the dispute between the parties appears to be of civil nature. There appears to be no need of custodial interrogation as nothing is to be recovered at the instance of the applicant. Considering the overall facts and circumstance, I am inclined to grant anticipatory bail to the present applicant. In the result, the following order is passed : (i) Application is allowed.

(ii) In the event of arrest of the applicant - Sagar Vishwas Saswade in Shikrapur Police Station, Pune for the offences punishable under Sections 420, 364-A of Indian Penal Code and Section 39 of the Maharashtra Money Lending Act, 2014, he shall be released on bail on furnishing P.R. Bond in the sum of Rs.25,000/- with one or more sureties in the like amount.

2 / 3

(iii) The applicant shall attend the concerned police station as and when called by the Investigating Officer and shall co-operate in the investigation.

(iv) The interim application for intervention is disposed of. ( N.R. BORKAR, J. ) 3 / 3