Sanjay Nandu Koli v. State Of Maharashtra

911-ABA3656-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 3656 OF 2022 Sanjay Nandu Koli ...

Applicant

Versus

The State of Maharashtra ...

Respondent .........

Mr. Bharat Manghani for the Applicant.

Mr. P.H. Gaikwad Patil, APP for the State.

API P.V. Waghmare, Baramati City Police Station, present. .........

CORAM : N.R. BORKAR, J.

DATED : 5 JANUARY 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.608 of 2022 registered at Baramati City Police Station, for the offence punishable under Section 420 r/w. 34 of Indian Penal Code. 3.

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

4.

According to the complainant, the applicant is C.E.O. of Atmamalik Hospital and Saidham Medical Hub. The applicant gave him Kanchan P Dhuri 1 / 2

911-ABA3656-2022.odt offer to start pathological lab in the premises of the hospital. According to the complainant, leave and license agreement was thereafter executed between the parties and he deposited the amount of Rs.10 Lakhs in the account of hospital. It is alleged that the applicant had not given the possession of the premises, and when he contacted the Chairman of the hospital, he asked him to cancel the leave and license agreement and accordingly he executed cancellation deed. It is alleged that when he asked them to return the money they failed to do so. 5.

The dispute appears to be of civil nature. Considering this fact, 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 - Sanjay Nandu Koli in Crime No. Crime No.608 of 2022 registered at Baramati City Police Station, for the offence punishable under Section 420 r/w. 34 of Indian Penal Code, 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. ( N.R. BORKAR, J. ) by KANCHAN PRASHANT DHURI Date: 2023.01.06 11:40:39 +0530 KANCHAN PRASHANT DHURI Kanchan P Dhuri 2 / 2