Mukund Nanasaheb Bhalekar v. The State Of Maharashtra And Another

A.B.A. No.308/2023 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO.308 OF 2023 Mukund s/o Nanasaheb Bhalekar ... APPLICANT

VERSUS

The State of Maharashtra & anr.

... RESPONDENTS .......

Mr. G.R. Gavhad, Advocate for applicant Mr. N.T. Bhagat, A.P.P. for respondents .......

CORAM :

R.G. AVACHAT, J.

DATE : 21st MARCH, 2023 P.C. :

Heard. The applicant has already been protected vide order dated 8/3/2023. It appears to be not a case of theft of motor vehicle. The applicant was serving with Tata Finance Company, which has given finance for purchase of the vehicle involved in the offence. The said vehicle appears to have been taken away on account of failure to pay E.M.I. It is, therefore, seriously under doubt as to whether the ingredients of Section 379 of the Indian Penal Code gets attracted.

A.B.A. No.308/2023 :: 2 ::

2.

It is informed that the original owner of the vehicle is not co-operating with the investigation. Considering the nature of offence, the application is allowed. The order granting interim anticipatory bail, dated 8/3/2023 is hereby made absolute.

3.

The applicant shall not tamper with the prosecution evidence in any manner and shall appear before the investigating officer as and when required for the purpose of investigation.

(R.G. AVACHAT, J.) fmp/-