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Bombay High CourtABA/2855/2019disposed off

Chetan Govind Shinde v. The State Of Maharashtra

2021-10-06Hon'Ble Smt. Justice Anuja Prabhudessai3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2855 OF 2019 Chetan Govind Shinde ..Applicant v/s.

State of Maharashtra ..Respondent Prashant Pandey for the Applicant.

Mr. P.H. Gaikwad, APP for the Respondent-State. Mr. Dhananjay Avhad, PSI, Vanrai P.Stn. present. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 6th OCTOBER 2021.

P.C.

1.

This is an application under Section 438 Cr.P.C. filed by the Applicant apprehending his arrest in Crime No. 271 of 2019 registered with with Vanrai Police Station for the offences under Section 379, 420, 120(B) of the Indian Penal Code. 2.

Heard learned Counsel for the Applicant and the learned APP for the State. Perused the records.

3.

The aforesaid crime was registered pursuant to the FIR dated 28.11.2019 lodged by the first informant Vasudev Digambar Tikam, an employee of Reliance Nippan Life Insurance Company. The first informant had stated that he had received complaint from the branch office of the insurance company that the cheques which were to be

returned to the customers were in fact encashd by some persons. The informant had allegedly laid a trap and caught the co-accused Krishna Roy who was allegedly stealing the said cheques. In the course of investigation it was also revealed that the other co-accused Mahesh Pangre and Rajaram Pawar were also involved in encashing the said cheques. Hence they were arrested and crime came to be registered. The present Applicant was working as a office boy with one of the accused. Prima facie, there are no specific allegations against the present Applicant indicating that either he was committing theft of cheques or he was encashing the said cheques. 4.

Considering the nature of the accusation leveled against the Applicant, this Court (Coram : V.F.Bisht, J.) had granted interim protection to the Applicant by order dated 30.12.2019. It is stated that the Applicant had made himself available for interrogation and that he was interrogated by the Investigating Officer. Considering the said fact and also in view of the nature of accusation leveled against the Applicant, in my considered view, this is a fit case to grant pre-arrest bail. Hence the order.

i) In the event of arrest of the above named Applicant in Crime No. 271 of 2019 registered at Vanrai Police Station, the Applicant be released on furnishing P.R. Bond in the sum of Rs.20,000/- (Rupees

Twenty Thousand Only) each with one or two solvent sureties in the like amount;

ii) The Applicant shall not interfere with the witnesses, or tamper with the evidence in any manner;

iii) The Applicant shall keep the Investigating Officer informed of his current address and mobile contact numbers, and /or change of residence or mobile details, if any, from time to time; .

Application is accordingly disposed of.

Digitally signed by PRASANNA P SALGAONKAR Date:

2021.10.07 16:49:42 +0530 PRASANNA P SALGAONKAR (ANUJA PRABHUDESSAI, J.)