Chettan Jayram Shetty v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPTORY BAIL APPLICATION NO. 2223 OF 2017 Chettan Jayram Shetty ...Applicant

Versus

The State of Maharashtra

...Respondent

Mr. Anil Jaiswar I/b Mr. R. G. Panchal for the Applicant Ms. Rutuja Ambekar, A.P.P for the Respondent-State PN Mr. Sandeep Y. Chavan from Wagale Estate Police Station, is present CORAM : REVATI MOHITE DERE, J.

WEDNESDAY, 2 nd MAY, 2018 P.C.

1.

Heard learned Counsel for the parties.

2.

By this application, the applicant seeks pre-arrest bail in connection with C.R. No. I-216 of 2017 registered with the Wagale Estate Police Station, Thane, for the alleged offences punishable under Sections 420, 461, 468 and 471 of the Indian Penal Code and under Section 66(d) of the Information Technology Act.

3.

Perused the papers. According to the complainant, co-accused Monali Hazarika established acquaintance with the complainant on social 1/3

media and induced him to invest money in her enterprise, with the assurance that he would get substantial return on the same. According to the complainant-Anand Thakur, he paid a sum of Rs. 8,60,000/- to coaccused Monali, however, the said amount was never returned to the complainant. Admittedly, no overt act has been attributed to the applicant. 4.

Learned A.P.P on the instructions of the Investigating Officer states that during investigation, it has transpired that the applicant was not concerned with the alleged transaction entered into by and between the complainant and co-accused-Monali. She states that Monali has been arrested and is presently in custody.

5.

In view of the statement made by the leaned A.P.P and considering the role of the applicant, the application is allowed and the applicant is granted pre-arrest bail on the following terms and conditions :

ORDER

(i) In the event of the arrest, the applicant be enlarged on bail on executing P.R. Bond in the sum of Rs.10,000/- with one or two sureties in the like amount ;

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(ii) The applicant shall report to the Investigating Officer of the concerned Police Station as and when called, till the filing of the charge-sheet;

(iii) The applicant shall not tamper with the evidence or attempt to influence the complainant, witnesses or any person concerned with the case;

(iv) The applicant to cooperate with the investigating agency; 6.

The application is accordingly disposed of.

7.

It is made clear that the observations made herein are prima facie, for the purpose of deciding this application. 8.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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