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Bombay High CourtABA/1987/2024application allowed

Narendra Dhingadmal Jain v. The State Of Maharashtra

2025-03-11Hon'Ble Shri Justice Arun R. Pedneker3 pages

2025:BHC-AUG:6994

IN THE JUDICATURE OF HIGH COURT AT BOMBAY

BENCH AT AURANGABAD 925 ANTICIPATORY BAIL APPLICATION NO. 1987 OF 2024 Narendra Dhingadmal Jain

VERSUS

The State Of Maharashtra ...

Advocate for Applicant : Senior Counsel Mr. P. R. Katneshwarkar h/f Mr. Kazi Rahil Riyazoddin APP for Respondents-State: Mr. A.A.A.Khan Advocate for Assist to APP : Mr. G. R. Ingole ...

WITH CRIMINAL APPLICATION NO. 529 OF 2025 IN ABA/1987/2024 ....

CORAM : ARUN R. PEDNEKER, J.

Dated : March 11, 2025.

PER COURT :- 1.

Criminal Application No.529 of 2025 is filed for Assist to learned APP. The said application is allowed and disposed of. 2.

The applicant has approached this Court apprehending arrest in connection with FIR No.0671/2024 dated 31/10/2024, registered with City Police Station Nandurbar, for the offences punishable under sections 420, 419, 467, 468, 471 of the Indian Penal Code.

3.

By order dated 21/11/2024, this Court granted interim protection to the applicant, noting the submissions in paragraph 3 and the undertaking given by the applicant at paragraph No.4, as follows : - "3.

The learned Counsel for the applicant submits that the dispute between the applicant and the complainant is primarily civil in nature, as the complainant has already filed a civil suit seeking declaration and injunction, which is pending. The applicant has responded to the civil 1 of

925 ABA 1987-2024 suit, and the trial Court's decision on Exhibit 5 partially favored the complainant but also indicated that a full trial is required to resolve the matter."

"4.

The learned Counsel for the applicant further submits that he will hand over all the original documents to the Investigating Officer."

4.

The learned Counsel for the applicant submits that, in compliance with the order of this Court dated 21/11/2024, the applicant has cooperated with the investigation and submitted the original documents to the Investigating Officer.

5.

In view of the pending civil suit between the parties, wherein an injunction has already been granted, and the applicant's cooperation with the investigation, no further interrogation is necessary. Accordingly, the interim protection granted to the applicant by order dated 21/11/2024 is confirmed.

6.

In view of the above, the application is allowed in the following terms: - i] In the event the applicant is arrested in connection with FIR FIR No.0671/2024 dated 31/10/2024, registered with City Police Station Nandurbar, for the offences punishable under sections 420, 419, 467, 468, 471 of the Indian Penal Code, he shall be released on bail on furnishing PR bond of Rs.20,000/- with one or two sureties in 2 of

925 ABA 1987-2024 the like amount to the satisfaction of the trial Court. ii] The applicant shall attend the police station as and when called by the police.

iii] The applicant shall not tamper with the evidence of the prosecution in any manner. He shall not influence the informant, witnesses and other persons concerned with the case. iv] The applicant shall co-operate with the investigation and also in the proceedings before the trial Court.

7.

In the event, the applicant violates any of the conditions specified in this order, it shall be liable to be cancelled. 8.

It is also clarified that the observations made in this order are limited to the disposal of the present anticipatory bail application and the trial Court shall proceed further in the matter without being influenced by the observations made hereinabove.

9.

The application stands disposed of.

( ARUN R. PEDNEKER, J. ) vj gawade/-.

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