Amol Sudhakar Kale v. Bharat Gangadhar Choure And Others

{1} acb220-22.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD APPLICATION FOR CANCELLATION OF BAIL NO.220 OF 2022 Amol Sudhakar Kale APPLICANT

VERSUS

Bharat Gangadhar Choure and Others RESPONDENTS .......

Mr. Gaurav L. Deshpande, Advocate for the applicant Mr. V. S. Badakh, APP for respondent - State .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 24 th JANUARY, 2023 ORDER :

1.

By this application, filed under section 439 (2) of the Criminal Procedure Code, the applicant seeks cancellation of anticipatory bail granted in favour of respondents No.1 to 3, by the learned Additional Sessions Judge, Aurangabad vide order dated 25th August, 2022 passed in Bail Application No. 1602 of 2022, in Crime No. 273 of 2022 registered with Satara Police Station, Aurangabad for offence punishable under section 406, 409, 420 read with 34 of the Indian Penal Code. 2.

The applicant filed FIR alleging that one of the cheques given by him to Awas Finance Company is misused by the accused persons in connivance with the employees of the Awas

{2} acb220-22.doc Finance Company.

3.

Heard learned advocate for the applicant and the learned Additional Public Prosecutor for the State. Perused the papers of investigation.

4.

It appears from the investigation papers that respondents No.2 and 3 have no role to play in the alleged offence, but they have been roped in being relatives of respondent No.1. From the FIR and the investigation papers, it is clear that the allegations pertain to documents, which are already seized by the investigating agency and nothing is to be recovered from respondents No.1 to 3. Investigation is almost on the verge of completion and no useful purpose would be served by remanding the respondent - accused to the custody, by cancelling anticipatory bail granted in their favour by the learned Additional Sessions Judge, by a reasoned order on 25th August, 2022. 5.

For the aforesaid reasons, no merit is found in the application. The application is therefore rejected. [NITIN B. SURYAWANSHI] JUDGE drp/acb220-22.doc