Raju S/O. Anandrao Mahajan v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1546 OF 2016 Raju s/o Anandrao Mahajan, Age : 35 years, Occu. Business, R/o Village Phulambri, Taluka Phulambri, Dist. Aurangabad APPLICANT

VERSUS

The State of Maharashtra, through Kranti Chowk Police Station, Taluka and District Aurangabad RESPONDENT ---- Mr. J.V. Deshpande and Mr. B.N. Magar, Advocates for the applicant Mr. U.S. Mote, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 05/04/2016 ORAL ORDER :

1.

Heard both sides.

2.

The present applicant, who is apprehending his arrest at the hands of Kranti Chowk Police Station, District Aurangabad in Crime No. 0215/2016, registered for the offences punishable under section 392 and 406 of the Indian Penal Code, is praying for his release on bail in the event of his arrest.

3.

The documents filed by the applicant on record would show that he is the dealer of International Tractors Limited at Phulambri, District Aurangabad. Admittedly, he had delivered his own car to the employer of the present complainant for the purposes of repairing thereof. It was the contention of the complainant i.e. the employee that, at the time of giving the car for trial after the repairing of the car, the present applicant took the car to Phulambri and there, he took the possession of the car and did not give the amount under the bill. Therefore, the offence came to be registered.

4.

Considering all the facts on record from which it is evident that there is dispute regarding payment of the bill, in my view, the custodial interrogation of the present applicant is not required. Hence, the following order :

5.

The interim protection granted by this Court to the present applicant vide order dated 14th March, 2016 is hereby made absolute on the same terms and conditions.

6.

The present application is accordingly allowed and disposed of.

[M.T. JOSHI] JUDGE npj/criapln1546-2016