Sanjay S/O Anandrao Dhapodkar v. State Of Maharashtra, Through P.S.O. Kamptee, Nagpur

1 aba45.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL APPLICATION (ABA) NO.45 OF 2016 (Sanjay s/o Anandrao Dhapodkar ..vs.. State of Maharashtra, through PSO Kamptee, District Nagpur) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : 17-02-2016 Heard Shri O.D. Kakade, learned Advocate for the applicant and Shri T.A. Mirza, learned Additional Public Prosecutor for the non-applicant.

2.

The applicant is seeking pre-arrest bail apprehending arrest in crime registered by the nonapplicant against him for the offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code. The allegations against the applicant are that he has agreed to sale plot to the complainant, has accepted amount of Rs.1,21,140/- but he has refused to execute the sale-deed. It is further alleged that the applicant is not the owner of the said plot and he misrepresented that he is the owner of the plot.

3.

The nature of accusations show that the dispute is of a civil nature. The applicant has stated in the application that he is not involved in any crime earlier. The non-applicant has not controverted this statement. Considering the nature of allegations against the

2 aba45.16 applicant and the facts on the record, I am convinced that the applicant is entitled for pre-arrest bail. 4.

Hence, the following order :

i) In the event of arrest in Crime No.111/2013 registered by the non-applicant, the applicant be released on bail, on furnishing P.R. Bond of Rs.10,000/- with one solvent surety in the like amount.

ii) The application is allowed accordingly.

Criminal Application No.97/2016.

In view of disposal of main application, the application praying for grant of time to file copies of the documents on record has become infructuous. It is disposed accordingly.

JUDGE pma