Atul Vitthal Chavhan v. The State Of Maharashtra

1 924-ABA.1117-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 ANTICIPATORY BAIL APPLICATION NO.1117 OF 2022 ATUL VITTHAL CHAVHAN

VERSUS

THE STATE OF MAHARASHTRA ...

Advocate for Applicant : Mr. Chatterji Joydeep APP for Respondent-State : Mr. V. M. Kagne.

...

CORAM : S. G. MEHARE, J.

DATE : 20.09.2022 PER COURT :- 1.

Heard the learned counsel for the applicant and learned APP for the respondent-State.

2.

The facts of the case have been discussed in detail in the order dated 06.09.2022. Considering the FIR and papers, it appears that it was purely a civil contract. A partnership deed was executed between the applicant and the complainant. The terms of the contract were settled. The complainant deposited the money voluntarily. There is delay in lodging the FIR. 3.

The learned APP opposed the application contending that the amount where it is deposited is to be investigated.

2 924-ABA.1117-22.odt 4.

Considering the facts of the case and in view of the observations recorded above, this Court is of the view that it being a contract, no case is made out for custodial interrogation of the applicant. Hence, the following order :

O R D E R

(i) The application is allowed.

(ii) The interim protection granted to the applicant by the order dated 06.09.2022 stands confirmed on the same terms and conditions.

(S. G. MEHARE, J.) ...

vmk/-