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Bombay High CourtABA/21/2020allowed

Prashant S/O Anandrao Gaikwad v. State Of Mah., Thr. P.S.O. Jaripatka

2020-01-22Hon'Ble Shri Justice V.M. Deshpande3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (ABA) NO.21/2020 Prashant s/o Anandrao Gaikwad ..vs..

The State of Mah., thr. PSO Jaripatka, Nagpur and anr ................................................................................................................................................................... OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ................................................................................................................................................................... Shri Ashwin Wasnik, Counsel for the Applicant. Ms Ashwini Tayde, Counsel for NA No.2/Complainant. Shri P.S.Tembhare, Addl.P.P. for NA No.1/State.

CORAM

: V.M.DESHPANDE, J.

DATED : JANUARY 22 , 2020 .

1.

The applicant is apprehending his arrest in connection with Crime No.1332/2019 registered with Jaripatka Police Station, Nagpur for offence punishable under Section 420 read with Section 34 of the Indian Penal Code.

2.

Heard learned counsel Shri Ashwin Wasnik for the applicant, learned counsel Ms Ashwini Tayde for nonapplicant No.2/complainant, and learned Additional Public Prosecutor Shri P.S.Tembhare for non-applicant No.1/State. 3.

Complainant in this case is Smt.Smita Tarachand Bagde, the non-applicant No.2. She is represented by learned counsel Ms Ashwini Tayde. 4.

Complainant Smt.Smita Tarachand Bagde, is personally present. She is identified by her counsel. She .....2/-

states in her vernacular to the Court that she has received Rs.3,50,000/- from the applicant which were given to the applicant on a promise that he will provide a job to her. 5.

Since the complainant has received the amount, in my view, relief can be granted in this matter. However, trial will go on against the applicant and his future will be taken care of in the trial.

6.

In this view of the matter, I pass following order:

ORDER

(1) The criminal application is allowed.

(2) In the event of arrest of applicant-Prashant s/o Anandrao Gaikwad, in connection with Crime No.1332/2019 registered with Jaripatka Police Station, Nagpur for offence punishable under Section 420 read with Section 34 of the Indian Penal Code, the applicant be released on bail on he executing a P.R.Bond in the sum of Rs.50,000/- with one solvent surety of the like amount.

(3) The applicant is directed to attend the police station once in a week i.e. on every Saturday, till filing of chargesheet.

(4) Investigating Officer is directed to complete investigation and file appropriate report. If report under Section 173 is filed against the applicant, the Court shall decide the matter .....3/-

in accordance with law.

With this, the criminal application stands disposed of accordingly.

JUDGE !! BRW !!

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