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Bombay High CourtABA/2607/2018others disposed off

Vijay Vanji Pachpute v. The State Of Maharashtra

2019-01-21Hon'Ble Shri Justice Nitin W. Sambre3 pages

1 20.2607.18 aba.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO. 2607 OF 2018 Vijay Vanji Pachpute .....Applicant V/s.

The State of Maharashtra .....Respondent WITH CRIMINAL APPLICATION NO. 37 OF 2019 IN ANTICIPATORY BAIL APPLICATION NO. 2607 OF 2018 Sunil Wamanrao Shinde ....Intervener

IN THE MATTER BETWEEN

Vijay Vanji Pachpute .....Applicant V/s.

The State of Maharashtra .....Respondent Mr. Abhishek R. Avachat advocate for the applicant Mr. A. A. Palkar APP for the State Mr. Vikram Parmar for the intervener CORAM : NITIN W. SAMBRE, J.

DATE :

JANUARY 21, 2019.

2 20.2607.18 aba.doc P.C.

Heard the learned counsel for the applicant, the learned counsel for the intervener and the learned APP. In Crime No. 611/2018 registered with Chaturshrungi Police Station, Pune for offence punishable under Sections 384, 385, 389 and 120-B of the Indian Penal Code, applicant is seeking pre-arrest bail. Offence is registered pursuant to the order passed by the Magistrate in a proceedings taken out by the complainant under section 156 of the Code of Criminal Procedure, 1973. Perused contents of F.I.R. Prima facie, the dispute between the parties appears to be civil in nature which pertains transfer of movable property and the right of the applicant to transfer the same. Admittedly, civil dispute in relation to property referred to in the complaint is already pending.

The contents of the F.I.R. does not reflect the necessity of

3 20.2607.18 aba.doc custodial interrogation. That being so, Ad-interim order passed by this Court on 18/12/2018 stands confirmed.

Application stands disposed of.

Intervention application also stands disposed of. [NITIN W. SAMBRE, J.]