Narendrakumar Laxmipat Barmecha v. The State Of Maharashtra

rpa 1/3 4-ba-3435-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL BAIL APPLICATION NO.3435 OF 2018 WITH CRIMINAL APPLICATION NO.189 OF 2019 Narendrakumar Laxmipat Barmecha .. Applicant Vs.

State of Maharashtra .. Respondent ......

Mr.Aabad Ponda i/b. M/s.Jagdish Nagar & Associates, Advocate for the Applicant.

Mrs.A.a. Takalkar, APP for the Respondent - State. Mr.Kripashankar Pandey, Advocate for the intervener. ......

CORAM : PRAKASH D. NAIK, J.

DATED :

FEBRUARY 5, 2019.

P.C. :

This is an application for bail in connection with C.R.No.300 of 2018, registered with L.T. Marg Police Station, Mumbai, for the offences punishable under Sections 465, 467, 468, 420 and 120-B read with 34 of Indian Penal Code ("IPC", for short). Applicant was arrested on 6th December, 2018. First Information Report ("FIR", for short) was lodged on 15th November, 2018. It is submitted that the main accused who had prepared the forged documents had taken the cash and

rpa 2/3 4-ba-3435-18.doc disappeared, is being traced and the amount is recovered form him. Complainant is present in the Court and has filed intervention application in which, in paragraph no.9 of the said application, it is stated that he has no objection is bail if granted to the applicant in the captioned matter, as his family has been severely distressed by his arrest. Learned APP submits that investigation is completed and charge-sheet would be filed in the next week. Considering the fact that the applicant is in custody from the date of arrest and the dispute has been settled between the complainant and the applicant, there is no necessity of continuing the custody of the applicant and bail can be granted to him.

Hence, I pass the following order:

:: O R D E R ::

(i) Criminal Bail Application No.3435 of 2018, is allowed;

(ii) Applicant is directed to be released on bail in connection with C.R.No.300 of 2018, registered with L.T. Marg Police Station, Mumbai, on his furnishing P.R.Bond in the sum of Rs.25,000/-, with one or two sureties in the like amount;

rpa 3/3 4-ba-3435-18.doc (iii) Applicant is permitted to furnish cash security in the sum of Rs.25,000/-, in lieu of surety, for a period of eight weeks from today.

(iv) Bail Applications stand disposed of;

(v) Criminal Application No.189 of 2019, disposed of.

(PRAKASH D. NAIK, J.)