Vinayak Bhalchandra Thakur v. The State Of Maharashtra
13- A.B.A. No. 799-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD ANTICIPATORY BAIL APPLICATION NO. 799 OF 2021 Vinayak Bhalchandra Thakur, Age : 47 Years, Occ. Agriculturists, R/o. Shivaji Chowk, Erandol, Tq. Erandol District Jalgaon.
.. Applicant
Versus
The State of Maharashtra, Through its Zilla Peth Police Station, Jalgaon.
.. Respondent ...
Advocate for the Applicant : Mr. V. B. Patil A.P.P for Respondent-State : Mr. A. V. Deshmukh ....
CORAM :SANDEEP K. SHINDE, J.
DATE : 28.07.2021 PER COURT :- Heard.
2.
Applicant herein had agreed to sell land Gat No. 246 admeasuring 1 Hector 97 R to the complainant, vide agreement executed on 24th November, 2011 on certain terms and conditions. One Pandurang Daga Patil was original/ confirming party to the said agreement. Complainant would allege that though he had paid agreed consideration to the applicant, he did not execute the sale deed. Whereafter, notice was issued by the complainant. In spite of that, since
13- A.B.A. No. 799-2021.odt the applicant neither execute the sale deed nor returned the consideration amount accepted by him, First Information Report came to be lodged with Jilla Peth Police Station, Jalgaon being Crime No. 210 of 2021 under section 420 of the Indian Penal Code,against applicant and one Pandurang Patil. Apprehending arrest, the applicant seek pre-arrest bail. 3.
In consideration of the facts of the case, in my view, custodial interrogation of the applicant will not further the prosecution case. In fact, the dispute between the applicant and the complainant is of civil in nature. For the reasons stated above, application is allowed. Thus, order :-
ORDER
(i). In the event of arrest of the applicant in connection with Crime No. 210/ 2021 registered with Zilla Peth Police Station, District Jalgaon, he shall be released on bail on executing P.R. bond in the sum of Rs. 15,000/- (Rupees Fifteen Thousand) with one or two sureties in the like amount.
(ii) The applicant shall join the investigation as and when called.
( SANDEEP K. SHINDE ) JUDGE ysk/