← Library
Bombay High CourtABA/102/2024allowed

Chandrakant Kawaduji Dhanule v. The State Of Mah. Thr. Pso, Ramnagar, Ps, Wardha.

2024-03-19Hon'Ble Justice Urmila Joshi Phalke3 pages

2024:BHC-NAG:3481

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (ABA) NO. 102 OF 2024 Chandrakant Kawaduji Dhanule V/s State of Maharashtra Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. S.K. Bhandarkar, counsel for the applicant. Mrs. Dhande, APP for non-applicant/State.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 19/03/ 4.

1.

Apprehending the arrest at the hands of police in connection with Crime No.733/2023 registered with Police Station, Ramnagar, Wardha, District Wardha for the offence punishable under Section 420 read with Section 34 of the Indian Penal Code, the applicant approached this Court for grant of pre-arrest bail.

2.

The accusation against the present applicant is on the basis of report lodged by Sushil Babaraoji Dhote alleging that the informant was introduced to the scheme by the present applicant and other co-accused and he was induced to invest the amount, accordingly he and his friend invested the amount. As far as the present applicant is concerned, the allegation against him is that he induced the informant and other persons to invest the amount. Considering the scope of the allegation, the applicant is released on ad-interim anticipatory bail. Thereafter, the applicant has attended the

concerned Police Station and co-operated with the investigating agency.

3.

Learned APP though strongly opposed the application submitted that she has received the oral instructions from the Investigating Officer that applicant has attended the concerned Police Station.

4.

After hearing the learned counsel for the applicant and learned APP for the State, perused the recitals of the FIR wherein the only allegation against the applicant is that he has induced the informant to invest the amount, but no amount is received by the present applicant. In view of that, his custodial interrogation is not required, and therefore, interim protection granted to the present applicant deserves to be confirmed. Hence, criminal application deserves to be allowed. Accordingly, I proceed to pass the following order:

ORDER

a) In the event of arrest, in connection with Crime No.733/2023 registered with Police Station, Ramnagar, Wardha, District Wardha for the offence punishable under Section 420 read with Section 34 of the Indian Penal Code, the applicant Chandrakant Kawaduji Dhanule be released on anticipatory bail on executing PR bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

b) The applicant shall attend the concerned Police Station once in a week on Sunday between 10.00 a.m. to 1.00 p.m. and shall cooperate with the investigating agency till filing of the charge-sheet. c) The applicant shall not induce, threat or promise any witnesses who are acquainted with the facts of the case.

The criminal application is disposed of.

[URMILA JOSHI-PHALKE, J.]